Nevada 2023 Regular Session Status: Enacted

SB 38 — Revises provisions relating to offenses against children. (BDR 15-425)

Last action — Chapter 414.

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    To Executive
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    Enacted

This bill has been enacted into law. Introduced November 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 13, 2023.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
38 S ENATE B ILLN O.
38–Committee on Judiciary CHAPTER..........
38–COMMITTEE ON JUDICIARY (ON B EHALF OF THE A TTORNEY G ENERAL ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to offenses against children.
(BDR 15-425) FISCAL NOTE:
EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing that certain crimes committed against pupils constitute sexual offenses for the purposes of various statutes;
prohibiting a court from ordering a victim or witness of such conduct to be subject to a psychological or psychiatric examination;
providing that certain persons who are convicted of engaging in such conduct are subject to various statutory provisions relating to sex offenders;
providing that certain persons who are convicted of engaging in such conduct are subject to various statutory provisions relating to electronic communications devices;
LegExisting law imposes criminal penalties on any person who knowingly contacts or communicates with a child, a person believed to be a child or a person with mental illness with the intent to persuade, lure or transport the child or person to a different location without permission or for certain purposes.
LegiExisting law prohibits certain employees of or volunteers at a school from engaging in sexual conduct with certain pupils.
(NRS 201.560) who is 18 years of age or older and who:
(1) is or was employed by or volunteeringn - *SB38_R1* – 2 – performing his or her duties as an employee or volunteer.
Unless a greater penaltyof is provided by statute, section 2 provides that a person in a position of authority is guilty of a category C felony if he or she knowingly contacts or communicates with or attempts to contact or communicate with a pupil who is less than 18 years of age with the intent to persuade, lure or transport the pupil away from certain locations and with the intent to:
(1) engage in the commission of a crime punishable as a felony or gross misdemeanor;
or (2) cause or encourage the pupil to engage in an unlawful act that, if committed by an adult, would be a felony or gross such an act.or facilitate the commission by the person in a position of authority of Existing law prohibits certain employees of or volunteers at a school from engaging in sexual conduct with certain pupils.
(NRS 200.730, 200.737) Unless a greater penalty is provided by specific statute, section 2 provides that a person in a position of authority is guilty of a category C felony if he or she knowingly contacts or intent to:
(NRS 200.730, 200.737) Unless a greater penalty is provided by specific statute, section 2 of this bill provides that a person in a or communicates with or attempts to contact or communicate with a pupil with thentacts intent to:
Section 2 creates an exemption from the crime prescribed in section 2 if the person in a position of authority:
Section 2 creates an exemption from the crime prescribed in section 2 if the person in a section 2 is committed;
(1) is married to the pupil at the time an act prohibited by section 2 is committed;
or (3) takes certain action upon pupil.
or (3) takes certain action upon receipt of an unsolicited sexual image or communication of a sexual nature from a pupil.
Section 4 of this bill makes a conforming change to indicate the properm a placement of section 2 in the Nevada Revised Statutes.
Section 4 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
Section 1 of this bill makes certain penalties which are applicable to a person who commits sexual assault against certain minors and who has previously been convicted of another sexual assault or other sexual offense against a child applicable to a person who commits sexual assault against the same such minors and who has been previously convicted of a violation of section 2.
Existing law makes certain conduct relating to the exhibition or sale to minors specific statute.
Existing law makes certain conduct relating to the exhibition or sale to minors of obscene material a misdemeanor offense, unless a greater penalty is provided by to the list of specific statutes in which a greater penalty is provided.of section 2 Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination.
(NRS 201.265) Section 3 of this bill adds a violation of section 2 to the list of specific statutes in which a greater penalty is provided.
Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination.
Existing law:
- 82nd Session (2023) – 2 – Existing law requires a court that grants probation to or suspends the sentence of certain persons convicted of an offense that involved the use of a computer, system or network to order, as a condition of probation or suspension, that the person not own or use a computer.
(1) requires a court to include a special sentence of lifetime supervision for any person convicted of certain sexual offenses;
and (2) provides certain conditions of lifetime supervision.
(NRS 176.0931, 213.1243) Sections 6 and 16 of this bill add a violation of section 2 to the list of sexual offenses that lifetime supervision apply.of lifetime supervision and for which conditions of Existing law:
(1) requires that a person convicted of certain sexual offenses undergo a psychosexual evaluation as part of the presentence investigation report prepared by the Division of Parole and Probation of the Department of Public Safety;
and (2) prohibits a court from granting probation to or suspending the - *SB38_R1* – 3 – conducts the evaluation certifies that the person convicted of the sexual offense does not represent a high risk to reoffend.
(NRS 176.135, 176A.110) Sections 7 and 8 of this bill add a violation of section 2 to the list of sexual offenses that require a special sentence of lifetime supervision and for which certain conditions of lifetime supervision apply.
Existing law similarly requires the Department of Corrections to assess each prisoner who has been convicted of a sexual offense before a scheduled parole hearing to determine the prisoner’s risk to reoffend.
(NRS 213.1214) Section 17 of this bill adds a violation of section 2 to the list of offExisting law requires a court that grants probation to or suspends the sentence of certain persons convicted of an offense that involved the use of a computer, system or network to order, as a condition of probation or suspension, that the person not own or use a computer.
and (2) provides that the prohibition on owning or using a requires the State Board of Parole Commissioners to require that certain persons convicted of an offense that involved the use of a computer, system or network not own or use a computer.
(NRS 213.1258) Section 18 of this bill:
(1) adds certain violations of section 2 to the list of offenses for which the Board is required to impose this condition of parole;
Existing law similarly requires the State Board of Parole Commissioners to require that certain persons convicted of an offense that involved the use of a computer, system or network not violations of section 2 to the list of offenses for which the Board is required to impose this condition of parole;
Existing law allows a judge to grant an order authorizing the interception of certain communications when the interception may provide evidence of the commission of certain offenses.
and (2) provides that the prohibition on owning or using a computer includes any electronic communication device.
(NRS 179.460) Section 12 of this bill adds a violation of section 2 to the list of offenses for which a judge may grant such an order.
Existing law requires a court to provide certain documentation to each victim and witness and certain other persons if an offender is convicted of certain sexual offenses.
Sections 19-25 and 33 of this bill authorize the board of trustees of a school district, the governing body of a public or private school and the administrator of a private school to use a substantiated report of a violation of section 2 for purposes of making certain employment decisions and certain other purposes.
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(NRS 178.5698) Section 10 of this bill requires that such documentation be provided to such persons if an offender is convicted of a violation of section 2.
(NRS 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 394.155) licenses for teachers and other educational personnel.
Section 11 of this bill makes the provisions of law which prohibit a person convicted of a sexual offense from petitioning a court to seal the records relating to (NRS 179.245)tion applicable to a person convicted of a violation of section 2.
(NRS 391.033) Section 23 of this bill requires the Superintendent to suspend the application process for an applicant for licensure against whom a substantiated report of a violation of section is made and take certain other actions related to the report.
Existing law allows a judge to grant an order authorizing the interception of certain communications when the interception may provide evidence of the commission of a sexual offense against a child.
Existing law authorizes the State Board of Education to suspend or revoke a license issued by the Superintendent if the licensee is convicted of certain offenses or a substantiated report of certain prohibited conduct is made against the licensee.
(NRS 179.460) Section 12 of this bill adds a violation of section 2 to the list of sexual offenses against a child for which a judge may grant such an order.
Existing law defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a sex offender, to comply with certain mandatory 118A.335, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 213.1245)ements.
(NRS Section 13 of this bill revises the list of sexual offenses to which these statutory provisions apply to include a violation of section 2.
Section 14 of this bill adds a violation of section 2 to the list of offenses used to classify a sex offender as a Tier II offender for the purposes of meeting certain requirements for registration of sex offenders.
(NRS 179D.115) Section 15 of this bill makes conforming changes related to numbering changes made in sections 13 and 14.
Sections 19-25 and 33 of this bill authorize the board of trustees of a school private school to use a substantiated report of a violation of section 2 for purposes of making certain employment decisions and certain other purposes.
(NRS 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 394.155) Existing law requires the Superintendent of Public Instruction to grant all licenses for teachers and other educational personnel.
(NRS 391.033) Section 23 of - *SB38_R1* – 4 – this bill requires the Superintendent to suspend the application process for an applicant for licensure against whom a substantiated report of a violation of section 2 is made and take certain other actions related to the report.
Existing law authorizes the State Board of Education to suspend or revoke a license issued by the Superintendent if the licensee is convicted of certain sex offenses or a substantiated report of certain prohibited conduct is made against the licensee.
(1) adds a violation of section 2 to and (2) authorizes the State Board to suspend or revoke the license of a personnse;
(1) adds a violation of section 2 to the list of offenses for which the State Board may suspend or revoke a license;
against whom a substantiated report of a violation of section 2 is made.
and (2) authorizes the State Board to suspend or revoke the license of a person against whom a substantiated report of a violation of section 2 is made.
Existing law authorizes the board of trustees of a school district or the governing body of a public school to suspend, dismiss, demote or refuse to employ a teacher or administrator for immorality.
Existing law authorizes the State Board to bill an employee for certain expenses related to a disciplinary hearing if the hearing results from a recommendation to revoke or suspend a license based upon certain convictions described in section 26.
(NRS 391.650, 391.750) Existing law also authorizes the superintendent of a school district to suspend a licensed employee who has been charged but not yet convicted of a crime involving immorality.
(NRS 391.355) Section 26.5 of this bill adds a conviction of a violation of section 2 to the list of hearings for which the State Board may bill an employee.
(NRS 391.760) Sections 27 and 28 of this bill add a violation of also provides that a licensed employee who is convicted of a violation of section 28 forfeits all rights of employment after the date of his or her arrest.
Existing law authorizes the board of trustees of a school district or the a teacher or administrator for immorality.
(NRS 391.650, 391.750) Existing lawloy also authorizes the superintendent of a school district to suspend a licensed employee who has been charged but not yet convicted of a crime involving immorality.
(NRS 391.760) Sections 27 and 28 of this bill add a violation of section 2 to the list of immoral acts for which such action may be taken.
Section 28 also provides that a licensed employee who is convicted of a violation of section 2 forfeits all rights of employment after the date of his or her arrest.
(NRS 392.303) Section 29 of this bill additionally requires an employee of or a volunteer for a school to make such a report for a violation of section 2.
(NRS 392.303) Section 29 of this bill additionally requires an employee of or a volunteer for a school to make such a report for a violation of - 82nd Session (2023) – 3 – section 2.
Sections 29-32 of this bill make conforming changes relating to the 392.337)ent that an employee or a volunteer make such a report.
Sections 29-32 of this bill make conforming changes relating to the requirement that an employee or a volunteer make such a report.
(NRS 392.317, Section 34 of this bill requires the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child to contain the information in any substantiated report of a violation of section 2.
(NRS 392.317, 392Section 34 of this bill requires the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child to contain the information in any substantiated report of a violation of section 2.
(NRS 432.100) Section 36 of this bill requires certain employers to screen employees through the Central Registry to determine whether the person has been the subject of a substantiated report of a violation of section 2.
(NRS 432.100) Section 36 of this bill requires certain employers to screen employees through the Central Registry to determine whether the person has been the subject of a bill makes a conforming change relating to the inclusion in the Central Registry of information relating to a violation of section 2.
(NRS 433.639) Section 35 of this bill makes a conforming change relating to the inclusion in the Central Registry of infSection 37 of this bill makes the amendatory provisions of sections 1-36 apply to offenses committed on and after October 1, 2023.
Section 37 of this bill makes the amendatory provisions of sections 1-36 apply to offenses committed on and after October 1, 2023.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
NRS 200.366 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
200.366 1.
A person is guilty of sexual assault if the person:
(a) Subjects another person to sexual penetration, or forces another person to make a sexual penetration on themselves or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of the perpetrator’s conduct;
or (b) Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on themselves or another, or on a beast.
- *SB38_R1* – 5 – 2.
Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole;
or (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
(b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
3.
Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.
(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.
4.
A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:
(a) A sexual assault pursuant to this section or any other sexual offense against a child;
or (b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,  is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
5.
The provisions of this section do not apply to a person who is less than 18 years of age and who commits any of the acts described in paragraph (b) of subsection 1 if the person is not more than 2 years older than the person upon whom the act was committed unless:
- *SB38_R1* – 6 – (a) The person committing the act uses force or threatens the use of force;
or (b) The person committing the act knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of the perpetrator’s conduct.
6.
For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262;
[or] (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony [.] ;
or (e) A violation of section 2 of this act.
Sec.
Except as otherwise provided in subsection 3 and unless a greater penalty is provided by specific statute, a person in a position of authority who knowingly contacts or communicates with or attempts to contact or communicate with a pupil who is less than 18 years of age with the intent to persuade, lure or transport the pupil away from the pupil’s home or from any location known to the pupil’s parent or guardian or other person legally responsible for the pupil to a place other than where the pupil is located and with the intent to:
Except as otherwise provided in subsection 2 and unless a greater penalty is provided by specific statute, a person in a position of authority who knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to:
(1) Engage in an unlawful act that, if committed by an adult, would be a felony or gross misdemeanor;
or (2) Facilitate the commission by the person in a position of authority of a crime punishable as a felony or gross misdemeanor,  is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2.
Except as otherwise provided in subsection 3 and unless a greater penalty is provided by specific statute, a person in a position of authority who knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to:
(a) Engage in the commission of a crime punishable as a felony or gross misdemeanor;
or (b) Cause or encourage the pupil to:
- *SB38_R1* – 7 – (2) Use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person;
(2) Use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person;
3.
2.
(b) Does not have or did not have contact with the pupil in the course of performing any of his or her duties;
- 82nd Session (2023) – 4 – (b) Does not have or did not have contact with the pupil in the course of performing any of his or her duties;
or (c) Receives from a pupil, by electronic communication device, an unsolicited sexual image or communication of a sexual nature and reports the image or communication to the principal, administrator or other person in charge of the school at which the person is employed or volunteers as soon as reasonably practicable after receipt of the image or communication.
or (c) Receives from a pupil, by electronic communication device, an unsolicited sexual image or communication of a sexual nature administrator or other person in charge of the school at which the person is employed or volunteers as soon as reasonably practicable after receipt of the image or communication.
4.
3.
(b) “Person in a position of authority” means a person who is 18 years of age or older and who:
(b) “Person in a position of authority” means a person who is years of age or older and who:
(d) “Sexual conduct” includes sexual conduct between two persons who are in different physical locations but who are communicating with each other through the use of an electronic communication device.
(d) “Sexual conduct” has the meaning ascribed to it in NRS 201.520 and also includes sexual conduct between two persons who are in different physical locations but who are communicating with each other through the use of an electronic communication device.
(e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video of a pupil simulating or engaging in sexual conduct or of the pupil as the subject of a sexual portrayal.
(e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video of a pupil simulating or engaging in sexual conduct or of the pupil as the subject of a sex(f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.
(f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.
201.265 Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to - *SB38_R1* – 8 – NRS 201.560 [,] or section 2 of this act, a person is guilty of a misdemeanor if the person knowingly:
201.265 Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560 [,] or section 2 of this act, a person is guilty of a misdemeanor if the person knowingly:
3.
- 82nd Session (2023) – 5 – 3.
4.
of a minor for the purpose of:or she is the parent, guardian or spouse (a) Distributing to the minor material that is harmful to minors;
Misrepresents that he or she is the parent, guardian or spouse of a minor for the purpose of:
(a) Distributing to the minor material that is harmful to minors;
201.470 As used in NRS 201.470 to 201.550, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.480 to 201.530, inclusive, have the meanings ascribed to them in those sections.
201.470 As used in NRS 201.470 to 201.550, inclusive, and section 2 of this act, unless the context otherwise requires, the have the meanings ascribed to them in those sections.clusive, Sec.
Sec.
- *SB38_R1* – 9 – 2.
2.
and (b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker.
and - 82nd Session (2023) – 6 – (b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker.
In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether:
In determining whether there is a prima facie showing of a examination of the victim or witness pursuant to subsection 2, the court must consider whether:
(a) Sexual assault pursuant to NRS 200.366;
- *SB38_R1* – 10 – (i) Lewdness with a child pursuant to NRS 201.230;
(i) Lewdness with a child pursuant to NRS 201.230;
(k) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section;
(k) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony - 82nd Session (2023) – 7 – pursuant to NRS 200.405, if the felony is an offense listed in this section;
(l) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section;
(l) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the crime of violence is an offense listed in this section;08, if the (m) Luring a child or a person with mental illness pursuant to NRS 201.560;
(m) Luring a child or a person with mental illness pursuant to NRS 201.560;
Sec.
Secs.
6.
6-8.
NRS 176.0931 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
176.0931 1.
If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2.
The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
3.
A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision.
The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;
(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later;
and (c) The person is not likely to pose a threat to the safety of others, as determined by a licensed, clinical professional who has received training in the treatment of sexual offenders, if released from lifetime supervision.
4.
A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions - *SB38_R1* – 11 – for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.
5.
As used in this section:
(a) “Offense that poses a threat to the safety or well-being of others” includes, without limitation:
(1) An offense that involves:
(I) A victim less than 18 years of age;
(II) A crime against a child as defined in NRS 179D.0357;
(III) A sexual offense as defined in NRS 179D.097;
(IV) A deadly weapon, explosives or a firearm;
(V) The use or threatened use of force or violence;
(VI) Physical or mental abuse;
(VII) Death or bodily injury;
(VIII) An act of domestic violence;
(IX) Harassment, stalking, threats of any kind or other similar acts;
(X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property;
or (XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
(2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(b) “Sexual offense” means:
(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560 [;] or section 2 of this act;
(2) An attempt to commit an offense listed in subparagraph (1);
or (3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec.
7.
NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.161, inclusive, unless the context otherwise requires:
- *SB38_R1* – 12 – 1.
“Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
(b) A psychologist licensed to practice in this State;
(c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS;
or (f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
2.
“Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.
3.
“Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(h) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
(l) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
(m) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
(n) A violation of section 2 of this act;
(o) An attempt to commit an offense listed in paragraphs (a) to [(m),] (n), inclusive, if punished as a felony;
or - *SB38_R1* – 13 – [(o)] (p) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec.
8.
NRS 176A.110 is hereby amended to read as follows:
176A.110 1.
The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:
(a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment;
or (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2.
This section does not create a right in any person to be certified or to continue to be certified.
No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
3.
The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Open or gross lewdness pursuant to NRS 201.210.
(h) Indecent or obscene exposure pursuant to NRS 201.220.
(i) Sexual penetration of a dead human body pursuant to NRS 201.450.
(j) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
- *SB38_R1* – 14 – (k) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(m) A violation of section 2 of this act.
(n) A violation of NRS 207.180.
[(n)] (o) An attempt to commit an offense listed in paragraphs (b) to [(m),] (n), inclusive.
[(o)] (p) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec.
Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, [or] luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of section 2 of this act which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, [or] luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of section 2 of this act which involved the use of an suspends the sentence, the court shall, in addition to any otherr condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
or (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
or (c) The use of the computer by the defendant will assist companies that require the use of the specific technological - 82nd Session (2023) – 8 – knowledge of the defendant that is unique and is otherwise unavailable to the company.
Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
- *SB38_R1* – 15 – 4.
4.
Sec.
Secs.
10.
10 and 11.
NRS 178.5698 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
178.5698 1.
The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:
(a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
(b) If the defendant is so released, the amount of bail required, if any;
and (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.
2.
A request for information pursuant to subsection 1 must be made:
(a) In writing;
or (b) By telephone through an automated or computerized system of notification, if such a system is available.
3.
If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 5;
(2) The form that the witness must use to request notification in writing;
and (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection 4, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;
- *SB38_R1* – 16 – (2) The forms that the person must use to request notification;
and (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
4.
The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
5.
Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.
6.
If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address;
and (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,  before the offender is released from prison.
7.
The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.
8.
As used in this section:
(a) “Immediate family” means any adult relative of the victim living in the victim’s household.
(b) “Sexual offense” means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
- *SB38_R1* – 17 – (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Open or gross lewdness pursuant to NRS 201.210;
(7) Indecent or obscene exposure pursuant to NRS 201.220;
(8) Lewdness with a child pursuant to NRS 201.230;
(9) Sexual penetration of a dead human body pursuant to NRS 201.450;
(10) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
(11) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
(12) A violation of section 2 of this act;
(13) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(13)] (14) An offense that, pursuant to a specific statute, is determined to be sexually motivated;
or [(14)] (15) An attempt to commit an offense listed in this paragraph.
Sec.
11.
NRS 179.245 is hereby amended to read as follows:
179.245 1.
Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A felony, a crime of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual - *SB38_R1* – 18 – custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
or (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2.
A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;
and (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain;
and (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3.
Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
4.
If the prosecuting agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records.
If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes - *SB38_R1* – 19 – the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing.
If the court does not order the sealing of the records or the prosecuting agency files a written objection, a hearing on the petition must be conducted.
At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.
5.
If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
6.
A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.430;
(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427;
or (h) A violation of NRS 488.420 or 488.425.
7.
The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:
(a) Paragraph (b) of subsection 1 of NRS 484C.400;
or - *SB38_R1* – 20 – (b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a judgment of conviction entered against him or her for a violation of paragraph (b) of subsection 1 of NRS 484C.400 because the person participated in the statewide sobriety and drug monitoring program established pursuant to NRS 484C.392.
8.
If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
9.
As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.
(b) “Sexual offense” means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
- *SB38_R1* – 21 – (15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) A violation of section 2 of this act.
(17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
[(17)] (18) An attempt to commit an offense listed in this paragraph.
Sec.
The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS or a violation of NRS 463.160 or 465.086.
The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oral communications, and the judge may, in accordance with NRS interception of wire, electronic or oral communications bythe investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS or a violation of NRS 463.160 or 465.086 [.] or a violation of section 2 of this act.
A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.
A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or - 82nd Session (2023) – 9 – subsection 1, provides information or otherwise assists ano investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.
[or] (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony [.] ;
or (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
or (h) A violation of section 2 of this act.
Secs.
- *SB38_R1* – 22 – Sec.
13-17.
13.
(Deleted by amendment.) Sec.
NRS 179D.097 is hereby amended to read as follows:
179D.097 1.
“Sexual offense” means any of the following offenses:
(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.
(e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this subsection.
(f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this section.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(i) Incest pursuant to NRS 201.180.
(j) Open or gross lewdness pursuant to NRS 201.210.
(k) Indecent or obscene exposure pursuant to NRS 201.220.
(l) Lewdness with a child pursuant to NRS 201.230.
(m) Sexual penetration of a dead human body pursuant to NRS 201.450.
(n) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(o) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(p) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(q) Sex trafficking pursuant to NRS 201.300.
(r) A violation of section 2 of this act.
(s) Any other offense that has an element involving a sexual act or sexual conduct with another.
[(s)] (t) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(r),] (s), inclusive.
[(t)] (u) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[(u)] (v) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this - *SB38_R1* – 23 – subsection.
This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
[(v)] (w) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.
This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(3) A court having jurisdiction over juveniles.
2.
Except for the offenses described in paragraphs (n) , [and] (o) and (r) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense;
or (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec.
14.
NRS 179D.115 is hereby amended to read as follows:
179D.115 “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:
1.
If committed against [a] :
(a) A child, constitutes:
[(a)] (1) Luring a child pursuant to NRS 201.560, if punishable as a felony;
[(b)] (2) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
[(c)] (3) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 or 201.395;
[(d)] (4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
or [(e)] (5) Any other offense that is comparable to or more severe than the offenses described in 34 U.S.C.
§ 20911(3) .
[;] (b) A pupil, constitutes a violation of section 2 of this act.
2.
Involves an attempt or conspiracy to commit any offense described in subsection 1 .
[;] - *SB38_R1* – 24 – 3.
If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section.
This subsection includes, without limitation, an offense prosecuted in:
(a) A tribal court;
or (b) A court of the United States or the Armed Forces of the United States .
[;
or] 4.
Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.
Sec.
15.
NRS 179D.495 is hereby amended to read as follows:
179D.495 If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph [(r)] (s) of subsection 1 of NRS 179D.097, subparagraph (5) of paragraph [(e)] (a) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.
Sec.
16.
NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:
1.
“Board” means the State Board of Parole Commissioners.
2.
“Chief” means the Chief Parole and Probation Officer.
3.
“Division” means the Division of Parole and Probation of the Department of Public Safety.
4.
“Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
5.
“Responsivity factors” means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.
6.
“Risk and needs assessment” means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.
7.
“Sex offender” means any person who has been or is convicted of a sexual offense.
8.
“Sexual offense” means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560 [;] or section 2 of this act;
- *SB38_R1* – 25 – (b) An attempt to commit any offense listed in paragraph (a);
or (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
9.
“Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec.
17.
NRS 213.1214 is hereby amended to read as follows:
213.1214 1.
The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner using a currently accepted standard of assessment.
The completed assessment must include, without limitation, a determination of the prisoner’s level of risk to reoffend in a sexual manner, including, without limitation, whether the prisoner is a high risk to reoffend in a sexual manner for the purposes of subsection 3 of NRS 213.1215.
The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.
2.
The Director shall:
(a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.
(b) Establish a procedure to:
(1) Ensure the accuracy of each completed assessment provided to the Board;
and (2) Correct any error occurring in a completed assessment provided to the Board.
3.
This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued.
No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
4.
The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.
- *SB38_R1* – 26 – 5.
The Board may adopt by regulation the manner in which the Board will consider an assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.
6.
As used in this section:
(a) “Director” means the Director of the Department of Corrections.
(b) “Reoffend in a sexual manner” means to commit a sexual offense.
(c) “Sex offender” means a person who, after July 1, 1956, is or has been:
(1) Convicted of a sexual offense;
or (2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph [(20)] (21) of paragraph (d).
 The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.
(d) “Sexual offense” means any of the following offenses:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210.
(11) Indecent or obscene exposure pursuant to NRS 201.220.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
- *SB38_R1* – 27 – (14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
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Amendments

2 amendments

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Action History

  1. Chapter 414.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 591 concurred in. To enrollment.

  5. In Senate.

  6. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 591.) To printer. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  7. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 417.) To printer.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 38?
SB 38 is sponsored by Senate Committee on Judiciary.
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This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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