(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2023) FIRST REPRINT A.B.
193193–Assemblymen AGonzález, SSEMBLYD’Silva, BThomas, ILLAnderson, NOTorres; .
193–AGorelow, SSEMBLYMENLa GRue ONZÁLEZHatch, ,Marzola, D’SILVAC.H. , THOMAS , ANDERSON , TORRES ;
GORELOWMiller, ,Nguyen, AOrentlicher, RPeters UEand HATCHTaylor ,Joint MSponsors: ARZOLA , C.H.
MILLER,Senators NGUYENOhrenschall; , ORENTLICHER , ETERS AND TAYLOR FEBRUARY 20, 2023 ____________ JOINT S PONSORS :
SENATORSKrasner Oand HRENSCHALLNguyen ;ANDCHAPTER.......... NGUYEN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to custodial interrogations of children.
(BDR 14-229) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegislativeLegExisting Counsel’slaw Digest:prescribes certain requirements relating to custodial interrogations.
Existing(NRS law62C.013, prescribes171.1239) certainThis requirementsbill relatingprohibits a peace officer or other person authorized to conduct a custodial interrogations.interrogation of a child from:
(NRS(1) 62C.013,knowingly 171.1239) This bill prohibits a peace officer or other person making certain materially false statements about evidence to a child who is the subject of a custodial interrogation;
or (2) making certain express or implied promises of leniency or advantage to a child who is the subject of a custodial interrogation.child obtained in violation of this bill is involuntary and inadmissible in anyby a criminal or juvenile proceeding.
ThisTo billovercome additionallythis createspresumption, athe presumptionState thatmust anyprove, statement by a childpreponderance obtainedof inthe violationevidence, ofthat thisthe billstatement iswas involuntaryvoluntary, reliable and inadmissiblenot ininduced anyby criminala orviolation juvenileof proceeding.this bill.
To overcome this presumption, the State must reliable and not induced by a violation of this bill.
(1) the peace officer or other person who conducted the custodial interrogation reasonably - *AB193_R1* – 2 – believed that the information sought was necessary to protect life or property from thosean reasonably necessary to obtain information related to the imminent threat.threat;
and (2) the questions asked by such a person were limited to those reasonably necessary to obtain information related to the imminent threat.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Chapter 17162C of NRS is hereby amended by adding thereto a new section to read as follows:
- 82nd Session (2023) – 2 – (a) Knowingly make a materially false statement about evidence that is reasonably likely to elicit an incriminating response from the child;
The State may overcome the presumption set forth in this subsection by proving by a preponderance of the evidence that the statement was voluntary, reliable and notnothe induced by an act in violation of this section.
The term includes:
(1) A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.
(2) A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330.
-(c) *AB193_R1*“Peace –officer” 3has –the Sec.meaning ascribed to it in NRS 169.125.
Sec.
H~~~~~ 23 - *AB193_R1*82nd Session (2023)