Struck = removed from the bill ·
added = the amendment's new text.
(ReprintedSession with(82nd) amendmentsA adoptedAB145 on45 AprilAmendment 11,No. 2023) FIRST REPRINT A.B.
14545 AAssembly SSEMBLYAmendment BILLto NOAssembly .Bill No.
145–ASSEMBLYWOMAN145 M(BDR ARZOLA15-613) FEBRUARYProposed 13,by: 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to prostitution.
Assembly Committee on Judiciary Amends:
Summary:
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.
VDW/BAW - Date:
4/3/2023 A.B.
No.
145—Revises provisions relating to prostitution.
(BDR 15-613) Page 1 of 10 *A_AB145_45* Assembly Amendment No.
45 to Assembly Bill No.
145 Page 3 ASSEMBLY B ILLNO .
145–ASSEMBLYWOMAN M ARZOLA FEBRUARY 13, 2023 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to prostitution.
[removing a duplicative provision in existing law relating to prostitution;] requiring a peace officer to make an arrest with or without a warrant under certain circumstances;
LegExistingLegiExisting law prohibits[: a customer from engaging in prostitution or solicitation for prostitution except in a licensed house of prostitution.
Existing(1)] lawprohibits provides that a customer whofrom violatesengaging suchin prostitution or solicitation for prostitution except in a prohibition:licensed house of prostitution .
(1)[; for a first offense that involves an adult, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months and by a fine of not less than $400 but not more than misdemeanor, punishable by imprisonment in the county jail for not more than 364s days and by certain minimum fines;
and (2)] Existing law provides that a customer who violates such a prohibition [,] :
(1) for a first offense that involves an adult, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months and by a fine of not less than $400 but not more than $1,000 [.] ;
(2) for a subsequent offense that involves an adult, is guilty of a gross misdemeanor, punishable by imprisonment in the county jail for not more than 364 days and by certain minimum fines;
(NRThis(NRS bill:201.354) [Section 1 of this] This bill :
(2) increases the [penalties] minimum fine for [such] a first offense [from] to [a misdemeanor to a gross misdemeanor, punishable by imprisonment in the county jail for not lessmore than $800;364 days and conforming changes to reflect the fact that the change in section 1, which] ;
(3) increases the civil penalty for [such an] any offense [from a misdemeanor to $600;a gross misdemeanor, removes the offense from the jurisdiction of the justice courts and municipal courts.
andExisting (4)law authorizesalso contains a personduplicative tocriminal petitionprovision theprohibiting] court 2 years after the person is discharged and the proceedings against the person are dismissed for the sealing of all records relating to the$600; discharge and dismissal.
-and *AB145_R1*(4) –authorizes 2a –person THE[from PEOPLEoffering OFor THEagreeing STATEto OFengage NEVADA,in, REPRESENTEDengaging INin SENATEor ANDaiding ASSEMBLY,and DOabetting ENACTany ASact FOLLOWS:of prostitution.
(NRS 207.030) Section 4 of this bill removes this duplicative criminal provision, and sections 2, 3 and 7 of this bill make conforming changes] to [remove or replace references to the duplicative criminal provision that is removed by section 4.] Assembly Amendment No.
45 to Assembly Bill No.
145 Page 4 person are dismissed for the sealing of all records relating to the discharge andinst the dismissal.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(b) For a second [or second] offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, [by imprisonment in the county jail for not more than 364 days] and by a fine of not less than $800.$800 .
(c) For[but a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not lessmore than $1,300.$2,000.
4.(b)] For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, [by imprisonment in the county jail for not more than 364 days] and by a fine of not less than $1,300 .
[but not more than $2,000.] 4.
The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the subsection:ccurred.violation occurred.
If the civil penalty imposed pursuant to this (a)subsection: Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.
(a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.
- *AB145_R1* – 3 – (a) For a first offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.
(c)Assembly ForAmendment aNo. 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 not more than 6 years, and may be further punished by a fine of not more than $15,000.
45 to Assembly Bill No.
145 Page 5 (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 not more than 6 years, and may be further punished by a fine of not more than $15,000.
Any civil penalty collected by a district attorney or city attorney pursuant to subsection 4 must be deposited in the county or city treasury,treasury , as applicable, to be used for:
Not less than 50 percent of the money deposited in the county or city treasury,treasury , as applicable, pursuant to this subsection must be used for the enforcement of this section.
Discharge and dismissal under this - *AB145_R1* – 4 – subsection may occur only once with respect to any person.
Except as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, [the court shall, without a hearing,] the person may petition the court for the sealing of all records relating to the courtdischarge may order sealed all documents, papers and exhibitsdismissal in2 thatTheyears person’safter record, minute book entries and entries on dockets, and other documents relating to the casedate in the custody of such other agencies and officers as are named in the court’sdismissal. order.
The court may order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.
Sec.Assembly Amendment No.
45 to Assembly Bill No.
145 Page 6 Sec.
(Deleted[NRS by201.430 amendment.)is Sec.hereby amended to read as follows:
201.430 1.
It is unlawful for any person engaged in conduct which is unlawful pursuant to [paragraph (b) of subsection 1 of NRS 207.030,] NRS 201.353, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway;
or (b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
2.
It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to [paragraph (b) of subsection 1 of NRS 207.030,] NRS 201.353, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
(DeletedInclusion byin amendment.)any Sec.display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
(DeletedAny byperson, amendment.)company, Sec.association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.] (Deleted by amendment.) Sec.
3.
[NRS 201.440 is hereby amended to read as follows:
201.440 1.
In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to [paragraph (b) of subsection 1 of NRS 207.030,] NRS 201.353, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his or her place of business.
2.
Any person, company, association or corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.] (Deleted by amendment.) Assembly Amendment No.
45 to Assembly Bill No.
145 Page 7 Sec.
4.
[NRS 207.030 is hereby amended to read as follows:
207.030 1.
It is unlawful to:
(a) Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) [Offer or agree to engage in, engage in or aid and abet any act of prostitution;
(c)] Be a pimp, panderer or procurer or live in or about houses of prostitution;
[(d)] (c) Seek admission to a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
[(e)] (d) Keep a place where lost or stolen property is concealed;
[(f)] (e) Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
or [(g)] (f) Lodge in any building, structure or place, whether public or private:
(1) Where a notice of default and election to sell has been recorded, unless the person is the owner, tenant or entitled to the possession or control thereof;
(2) Which has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control thereof;
or (3) Without the permission of the owner or person entitled to the possession or in control thereof.
2.
A person who violates a provision of subsection 1 shall be punished:
(a) For the first violation of paragraph [(a), (b) or (c)] (a) or (b) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph [(a), (b) or (c)] (a) or (b) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.
(c) For the third or subsequent violation of paragraph [(a), (b) or (c)] (a) or (b) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
(d) For a violation of any provision of paragraphs [(d) to (g),] (c) to (f), inclusive, of subsection 1, for a misdemeanor.
3.
The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.
4.
A local government may enact an ordinance which regulates the time, place or manner in which a person or group of persons may beg or solicit alms in a public place or place open to the public.] (Deleted by amendment.) Sec.
(Deleted[NRS by4.373 amendment.)is Sec.hereby amended to read as follows:
4.373 1.
Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor.
If the circumstances warrant, the justice of the peace may order as a condition of suspension, without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
Assembly Amendment No.
45 to Assembly Bill No.
145 Page 8 (e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct, or comply with any other condition, deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant;
and (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2.
If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for alcohol or drug use disorder, or both, which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258;
or (c) The programs set forth in paragraphs (a) and (b), and that the person comply with any other condition of suspension ordered by the justice of the peace.
3.
[Except as otherwise provided in this subsection, if a customer of a prostitute is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
and (b) Comply with any other condition of suspension ordered by the justice of the peace.
The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4.] The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension.
If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
[5.] 4.
The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.] (Deleted by amendment.) Sec.
(Deleted[NRS by5.055 amendment.)is Sec.hereby amended to read as follows:
5.055 1.
Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor.
If the circumstances warrant, the municipal judge may order as a condition of suspension, without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
Assembly Amendment No.
45 to Assembly Bill No.
145 Page 9 (b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct, or comply with any other condition, deemed appropriate by the municipal judge;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant;
and (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2.
If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for alcohol or drug use disorder, or both, which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258;
or (c) The programs set forth in paragraphs (a) and (b), and that the person comply with any other condition of suspension ordered by the municipal judge.
3.
[Except as otherwise provided in this subsection, if a customer of a prostitute is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the municipal judge may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
and (b) Comply with any other condition of suspension ordered by the municipal judge.
The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4.] The municipal judge may order reports from a person whose sentence is suspended at such times as the municipal judge deems appropriate concerning the compliance of the offender with the conditions of suspension.
If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
[5.] 4.
The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.] (Deleted by amendment.) Sec.
(Deleted[NRS by62C.015 amendment.)is Sec.hereby amended to read as follows:
62C.015 1.
A child must not be adjudicated as delinquent or in need of supervision for engaging in prostitution or solicitation for prostitution pursuant to NRS 201.353 or 201.354 .
[or paragraph (b) of subsection 1 of NRS 207.030.] Assembly Amendment No.
45 to Assembly Bill No.
145 Page 10 2.
A child must not be placed in a state or local facility for the detention of children if:
(a) The child is alleged to have violated:
(1) The provisions of NRS 197.190, 207.200 or 463.350;
or (2) A county or municipal ordinance imposing a curfew on a child or prohibiting jaywalking or loitering for the purpose of solicitation for prostitution;
and (b) There is reasonable cause to believe that the child is a commercially sexually exploited child.
3.
If a court finds that a child committed an act described in subsection 2 and that clear and convincing evidence exists that the child committed the act in connection with commercial sexual exploitation, the court shall not adjudicate the child as a delinquent child or a child in need of supervision based on that act.
Upon such a finding, the court shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.
4.
A juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been a commercially sexually exploited child shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.
5.
As used in this section:
(a) “Commercial sexual exploitation” means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child 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.
(b) “Commercially sexually exploited child” has the meaning ascribed to it in NRS 424.0115.
(c) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.] (Deleted by amendment.) Sec.
H - *AB145_R1*