AB34 - Revises provisions relating to certain crimes. (BDR 15-443)

EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B. 34 - *AB34_R1* ASSEMBLY BILL NO. 34–COMMITTEE ON JUDICIARY (ON BEHALF OF THE ATTORNEY GENERAL) PREFILED NOVEMBER 15, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain crimes. (BDR 15-443) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to offenders; revising the definition of the term “violent or sexual offense” for the purpose of certain provisions of existing law; requiring certain defendants to be certified as not representing a high risk to reoffend before the court may grant probation to or suspend the sentence of the defendant; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a court from deferring judgment on a case if the 1 defendant has been convicted of a violent or sexual offense. (NRS 176.211) 2 Existing law also: (1) sets the maximum period of probation or suspension of 3 sentence for a violent or sexual offense at 60 months; and (2) requires the Division 4 of Parole and Probation of the Department of Public Safety to petition the court to 5 recommend the early discharge of a person from probation if the person has not 6 been convicted of a violent or sexual offense and satisfies certain other 7 requirements. (NRS 176A.500, 176A.840) Finally, existing law requires a person to 8 report certain violent or sexual offenses against a child to a law enforcement agency 9 under certain circumstances. (NRS 202.882) Section 1 of this bill expands the list 10 of offenses which are deemed to be violent or sexual offenses for the purposes of 11 these provisions. 12 Existing law prohibits a court from granting probation to or suspending the 13 sentence of a person convicted of certain offenses unless the person is certified as 14 not representing a high risk to reoffend. (NRS 176A.110) Section 2 of this bill adds 15 attempted lewdness with a child to the list of offenses which require a certification 16 that the person convicted does not represent a high risk to reoffend. 17 – 2 – - *AB34_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 202.876 is hereby amended to read as follows: 1 202.876 “Violent or sexual offense” means any act that, if 2 prosecuted in this State, would constitute any of the following 3 offenses: 4 1. Murder or voluntary manslaughter pursuant to NRS 200.010 5 to 200.260, inclusive. 6 2. Mayhem pursuant to NRS 200.280. 7 3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 8 4. Sexual assault pursuant to NRS 200.366. 9 5. Robbery pursuant to NRS 200.380. 10 6. Administering poison or another noxious or destructive 11 substance or liquid with intent to cause death pursuant to 12 NRS 200.390. 13 7. Battery with intent to commit a crime pursuant to 14 NRS 200.400. 15 8. Administering a drug or controlled substance to another 16 person with the intent to enable or assist the commission of a felony 17 or crime of violence pursuant to NRS 200.405 or 200.408. 18 9. False imprisonment pursuant to NRS 200.460 if the false 19 imprisonment involves the use or threatened use of force or violence 20 against the victim or the use or threatened use of a firearm or a 21 deadly weapon. 22 10. Assault with a deadly weapon pursuant to NRS 200.471. 23 11. Battery which is committed with the use of a deadly 24 weapon or which results in substantial bodily harm as described in 25 NRS 200.481 or battery which is committed by strangulation as 26 described in NRS 200.481 or 200.485. 27 12. An offense involving pornography and a minor pursuant to 28 NRS 200.710 [or 200.720.] to 200.730, inclusive. 29 13. Open or gross lewdness pursuant to NRS 201.210. 30 14. Lewdness with a child pursuant to NRS 201.230. 31 15. An offense involving pandering or sex trafficking in 32 violation of NRS 201.300, prostitution in violation of NRS 201.320 33 or advancing prostitution in violation of NRS 201.395. 34 16. Sexual conduct between certain employees of a school or 35 volunteers at a school and a pupil pursuant to NRS 201.540. 36 17. Sexual conduct between certain employees of a college or 37 university and a student pursuant to NRS 201.550. 38 18. Sexual conduct between certain employees or contractors 39 of or volunteers for an entity which provides services to children 40 and a person under the care, custody, control or supervision of the 41 entity pursuant to NRS 201.555. 42 – 3 – - *AB34_R1* 19. Luring a child or a person with a mental illness pursuant 1 to NRS 201.560. 2 20. Coercion pursuant to NRS 207.190, if the coercion 3 involves the use or threatened use of force or violence against the 4 victim or the use or threatened use of a firearm or a deadly weapon. 5 [17.] 21. An attempt, conspiracy or solicitation to commit an 6 offense listed in this section. 7 Sec. 2. NRS 176A.110 is hereby amended to read as follows: 8 176A.110 1. The court shall not grant probation to or 9 suspend the sentence of a person convicted of an offense listed in 10 subsection 3 unless: 11 (a) If a psychosexual evaluation of the person is required 12 pursuant to NRS 176.139, the person who conducts the 13 psychosexual evaluation certifies in the report prepared pursuant to 14 NRS 176.139 that the person convicted of the offense does not 15 represent a high risk to reoffend based upon a currently accepted 16 standard of assessment; or 17 (b) If a psychosexual evaluation of the person is not required 18 pursuant to NRS 176.139, a psychologist licensed to practice in this 19 State who is trained to conduct psychosexual evaluations or a 20 psychiatrist licensed to practice medicine in this State who is 21 certified by the American Board of Psychiatry and Neurology, Inc., 22 and is trained to conduct psychosexual evaluations certifies in a 23 written report to the court that the person convicted of the offense 24 does not represent a high risk to reoffend based upon a currently 25 accepted standard of assessment. 26 2. This section does not create a right in any person to be 27 certified or to continue to be certified. No person may bring a cause 28 of action against the State, its political subdivisions, or the agencies, 29 boards, commissions, departments, officers or employees of the 30 State or its political subdivisions for not certifying a person pursuant 31 to this section or for refusing to consider a person for certification 32 pursuant to this section. 33 3. The provisions of this section apply to a person convicted of 34 any of the following offenses: 35 (a) Attempted sexual assault of a person who is 16 years of age 36 or older pursuant to NRS 200.366. 37 (b) Statutory sexual seduction pursuant to NRS 200.368. 38 (c) Battery with intent to commit sexual assault pursuant to 39 NRS 200.400. 40 (d) Abuse or neglect of a child pursuant to NRS 200.508. 41 (e) An offense involving pornography and a minor pursuant to 42 NRS 200.710 to 200.730, inclusive. 43 (f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 44 NRS 200.975. 45 – 4 – - *AB34_R1* (g) Incest pursuant to NRS 201.180. 1 (h) Open or gross lewdness pursuant to NRS 201.210. 2 (i) Indecent or obscene exposure pursuant to NRS 201.220. 3 (j) Soliciting a child for prostitution pursuant to NRS 201.354. 4 (k) Sexual penetration of a dead human body pursuant to 5 NRS 201.450. 6 (l) Sexual conduct between certain employees of a school or 7 volunteers at a school and a pupil pursuant to NRS 201.540. 8 (m) Sexual conduct between certain employees of a college or 9 university and a student pursuant to NRS 201.550. 10 (n) Luring a child or a person with mental illness pursuant to 11 NRS 201.560, if punished as a felony. 12 (o) A violation of NRS 207.180. 13 (p) An attempt to commit an offense listed in paragraphs (b) to 14 (o), inclusive. 15 (q) An attempt to commit a violation of NRS 201.230. 16 (r) Coercion or attempted coercion that is determined to be 17 sexually motivated pursuant to NRS 207.193. 18 Sec. 3. This act becomes effective upon passage and approval. 19 H