AB 183 — Revises provisions relating to the protection of children from commercial sexual exploitation. (BDR 5-321)

(ReprintedAssembly withBill amendmentsNo. adopted on April 11, 2023) FIRST REPRINT A.B.

183183–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

183–COMMITTEE ON JUDICIARY (O N BEHALF OF THE JOINT NTERIM S TANDING C OMMITTEE ON JUDICIARY ) FEBRUARY 16, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the protection of children from commercial sexual exploitation.

(BDR 5-321) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingexploitation lawof requiresa certainchild persons or entities to report the commercial sexual 62C.015, 432B.220, 432C.110) Upon receiving such a report, existing law requires an agency which provides child welfare servicesservices. to:

(NRSexual 62C.015, 432B.220, 432C.110) Upon receiving such a report, existing law requires an agency which provides child welfare services to:

(NRS 432C.130) Existing law requires a local facility for the detention of children, a regional detentionfacility offor childrenthe totreatment screenand eachrehabilitation childof whochildren isand committeda to,state orfacility placedfor underthe thethedetention custodyof of,children the facility to determinescreen whethereach the child who is incommitted needto, ofor mentalplaced healthunder the services or has a substance use disorder.

(NRS 62C.035, 62E.513) With certaincertainhealth exceptions, sections 2 and 3 of this bill additionally require such facilities to screen each child to determine whether the child is a victim of commercial sexual exploitation.

(1) require such facilities to report the commercial sexual exploitation of the child to an agency which provides child welfare services if the results of the screening indicate that the child is a victim of - *AB183_R1* – 2 – commercial sexual exploitation;

Section 1 of this billreporting makesof acommercial conformingsexual changeexploitation byof removinga certainchild requirementsthat relatingare tonow theaddressed by section 2.

(NRS 62E.516) Section 4 of this bill additionally requires the method of screening to be reliable and valid for identifying a child who is a victim of commercial sexual exploitation.

With certain exceptions, section 5 of this bill requires an agency which provides child welfare services to screen each child in its custody to determine whether the child is a victim of commercial sexual exploitation.

and (2) requires the agency to take childthe isactions arequired victimby ofsection commercial6 sexualif exploitation.thethe results of the screening indicate that the THEchild PEOPLEis OFa THEvictim STATEof OFcommercial NEVADA,sexual REPRESENTEDexploitation. IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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 loitering for the purpose of (b) There is reasonable cause to believe that the child is a commercially sexually exploited child.

[A juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been a commercially - *AB183_R1* – 3 – sexually exploited child shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

(b) “Commercially sexually exploited child” has the meaning ascribedasc[(c) to“Juvenile itjustice inagency” NRSmeans 424.0115.the Youth Parole Bureau or a director of juvenile services.] - 82nd Session (2023) – 3 – Sec.

[(c) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.] Sec.

[Each] Except as otherwise provided in subsection 4, each child who is taken into custody by a peace officer or probation officer and detained in a local facility for the detention of children while awaiting a detention hearing pursuant to NRS 62C.040 or 62C.050 must be screened to determine whetherwhethersuant to the child:

and (2) Be reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is 4.viThe requirement prescribed by paragraph (c) of subsection does not apply if the method for conducting the screening is not reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

4.

The requirement prescribed by paragraph (c) of subsection 1 does not apply if the method for conducting the screening is not reliable and valid for identifying whether a child who is the same - *AB183_R1* – 4 – age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

- 82nd Session (2023) – 4 – 6.

[Each] Except as otherwise provided in subsection 5, each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child:

The facility to which the child is committed or in which the child is placed shall [cause the screening required pursuant to subsection 1 to be conducted] report the commercial sexual exploitation of the child to an agency which provides child welfare services as soon as practicable after conducting the screening required by subsection 1 if the results of the screening indicate that the child [has been committed to or placed in the facility.

- *AB183_R1* – 5 – 4.

- 82nd Session (2023) – 5 – 5.

The requirement prescribed by paragraph (c) of subsection 1 does not apply if the method for conducting the screening is not reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of com6.rciIf a facility reports the commercial sexual exploitation.exploitation of a child pursuant to subsection 3, the report made pursuant to subsection 3 shall be deemed to be a report of the commercial sexual exploitation of the child that has been made pursuant to NRS 432C.110 and:

6.

If a facility reports the commercial sexual exploitation of a child pursuant to subsection 3, the report made pursuant to subsection 3 shall be deemed to be a report of the commercial sexual exploitation of the child that has been made pursuant to NRS 432C.110 and:

2.its method for conducting the screening required pursuant to NRSsubmit 62C.035 to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division.