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(Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
Assembly Bill No.
193 A SSEMBLY B ILL NO .
193–Assemblymen González, D’Silva, Thomas, Anderson, Torres;
193–A SSEMBLYMEN G ONZÁLEZ , D’SILVA , THOMAS , ANDERSON , TORRES ;
Gorelow, La Rue Hatch, Marzola, C.H.
GORELOW , A R UE HATCH , M ARZOLA , C.H.
Miller, Nguyen, Orentlicher, Peters and Taylor Joint Sponsors:
MILLER, NGUYEN , ORENTLICHER , ETERS AND TAYLOR FEBRUARY 20, 2023 ____________ JOINT S PONSORS :
Senators Ohrenschall;
SENATORS O HRENSCHALL ;AND NGUYEN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to custodial interrogations of children.
Krasner and Nguyen CHAPTER..........
(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.
Legislative Counsel’s Digest:
LegExisting law prescribes certain requirements relating to custodial interrogations.
Existing law prescribes certain requirements relating to custodial interrogations.
(NRS 62C.013, 171.1239) This bill prohibits a peace officer or other person authorized to conduct a custodial interrogation of a child from:
(NRS 62C.013, 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;
(1) knowingly 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.
or (2) making certain express or implied promises of leniency or advantage to a child who is the subject of a custodial child obtained in violation of this bill is involuntary and inadmissible in anyby a criminal or juvenile proceeding.
This bill additionally creates a presumption that any statement by a child obtained in violation of this bill is involuntary and inadmissible in any criminal or juvenile proceeding.
To overcome this presumption, the State must prove, by a preponderance of the evidence, that the statement was voluntary, reliable and not induced by a violation of 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 those reasonably necessary to obtain information related to the imminent threat.
(1) the believed that the information sought was necessary to protect life or property from an imminent 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 171 of NRS is hereby amended by adding thereto a new section to read as follows:
Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:
(a) Knowingly make a materially false statement about evidence that is reasonably likely to elicit an incriminating response from the child;
- 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 not induced by an act in violation of this section.
The State may overcome the presumption set evidence that the statement was voluntary, reliable and nothe 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.
- *AB193_R1* – 3 – Sec.
(c) “Peace officer” has the meaning ascribed to it in NRS 169.125.
Sec.
H - *AB193_R1*
~~~~~ 23 - 82nd Session (2023)
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