SB 35 — Revises provisions governing certain offenses relating to prisoners. (BDR 16-444)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on April 14, 2025) FIRST REPRINT S.B.

3535–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

35–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 15, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing certain offenses relating to prisoners.

(BDR 16-444) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Effect on the State:

Yes.ity.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law provides that an employee of or a contractor or volunteer for a prison who voluntarily engages or attempts to engage in sexual abuse of a prisoner is guilty of a category D felony.

(1) increases the penalty for sexual abuse of a prisoner from a category D felony to a category B afelony; minimum term of not less than 1 year and a maximum term of not more than 10n for years.

Existingand law(2) providesmakes thatthe ancrime employeepunishable ofby orimprisonment ain contractorthe orstate volunteerprison for a prisonminimum whoterm voluntarily:of not less than 1 year and a maximum term of not more than 10 years.

prison who voluntarily:

Section 3 also eliExistingeliminates lawprovisions makesrelating it a crime for certain persons to furnishattempted aunauthorized controlledcustodial substanceconduct. or intoxicating liquor to a prisoner.

substance or intoxicating liquor to a prisoner.

or (4) any other chemical, poison or organic solvent, or any compound or combination - *SB35_R1* – 2 – thereof, which may be inhaled, ingested, applied or otherwise used to achieve a stimulant, depressant or hallucinogenic effect.

EXPLANATION – Matter in bolded italics is new;

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

- 83rd Session (2025) – 2 – (a) Where a deadly weapon, controlled substance, explosive or a facsimile of a firearm or explosive is involved, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, andand(b) mayWhere bean furtherintoxicant punishedis byinvolved, for a finegross ofmisdemeanor. not more than $5,000.

(b) Where an intoxicant is involved, for a gross misdemeanor.

or (4) Any other chemical, poison or organic solvent, or any compound or combination thereof, which may be inhaled, - *SB35_R1* – 3 – ingested, applied or otherwise used to achieve a stimulant, depressant or hallucinogenic effect.

2.- 83rd Session (2025) – 3 – applicable provision of law, an employee of or a contractor orther volunteer for a prison who commits:

Unless a greater penalty is provided pursuant to any other applicable provision of law, an employee of or a contractor or volunteer for a prison who commits:

(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

and a prisoner, regardless (I) Sexual intercourse or anal intercourse, including penetration, however slight;

(IV) Any other intentional contact with a prisoner’s unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts - *SB35_R1* – 4 – committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

(VI) Requiring a prisoner to expose his or her genitals, buttocks or breasts;

org a prisoner to expose his or her genitals, (VII) Capturing an image of the private area of a prisoner in violation of NRS 200.604.

- 83rd Session (2025) – 4 – (1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

(I) Contact between the mouth and any part of the body committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

to arouse, appeal (II) Any other intentional contact with a prisoner’s clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

H~~~~~ 25 - *SB35_R1*83rd Session (2025)