SB457 - Revises provisions relating to public safety. (BDR 15-1038)

(Reprinted with amendments adopted on June 2, 2025) FIRST REPRINT S.B. 457 - *SB457_R1* SENATE BILL NO. 457–COMMITTEE ON JUDICIARY (ON BEHALF OF THE OFFICE OF THE GOVERNOR) APRIL 7, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to public safety. (BDR 15-1038) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides 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. AN ACT relating to public safety; revising provisions relating to assault, battery, stalking, pornography involving minors, domestic violence, and driving under the influence of alcohol or a prohibited substance; revising provisions relating to the interception, listening and recording of certain communications; requiring a compliance hearing after the issuance of certain orders to relinquish firearms; establishing certain unlawful acts related to certain theft offenses involving property damage; revising provisions relating to offenders; establishing provisions related to the creation of corridors and the adjudication and reporting of certain offenses committed within such corridors; making various changes related to juvenile justice; prohibiting the construction of certain findings relating to actions for wrongful conviction; revising provisions relating to the sealing of records and specialty court programs; revising provisions relating to pretrial release; revising provisions relating to immunity for certain witnesses; revising provisions relating to opioid use disorder; making appropriations; providing penalties; and providing other matters properly relating thereto. – 2 – - *SB457_R1* Legislative Counsel’s Digest: Existing law provides that if a person commits an assault upon an officer who 1 is performing his or her duty and the person knew or should have known that the 2 victim was an officer, the person is guilty of: (1) a category B felony if the assault 3 is made with the use of a deadly weapon or the present ability to use a deadly 4 weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; 5 or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 6 200.471) Additionally, existing law provides that if a person commits a battery 7 upon an officer and the person knew or should have known that the victim was an 8 officer, the person is guilty of: (1) a category B felony if the battery causes 9 substantial bodily harm or is committed by strangulation; or (2) if those 10 circumstances are not present and no greater penalty is provided by law, a gross 11 misdemeanor. (NRS 200.481) Sections 1.3 and 1.7 of this bill revise the definition 12 of “officer” for the purposes of the enhanced penalties for assault or battery to 13 include an employee of this State or a political subdivision of this State whose 14 normal job responsibilities require the employee to: (1) interact with the public; and 15 (2) perform tasks related to child welfare services or child protective services or 16 other tasks that expose the person to comparable danger. Additionally, sections 1.3 17 and 1.7 of this act apply the enhanced penalties to an assault or battery committed 18 against a hospitality employee. 19 Existing law prohibits a person from stalking and prescribes various penalties 20 related to the circumstance under which the offense is committed. (NRS 200.575) 21 Section 2 of this bill expands the unlawful acts which constitute stalking to include 22 certain courses of conduct that would cause the victim to feel terrorized, frightened, 23 intimidated, harassed or fearful for the immediate safety of a person in a dating 24 relationship with the victim. Section 2 also makes various changes to provide that 25 stalking encompasses both acts committed in person and by electronic means, and 26 provides that such penalties are generally applicable to such acts regardless of 27 medium. Sections 50 and 63 of this bill make conforming changes related to the 28 commission of stalking by electronic means under section 2. 29 Existing law makes it unlawful, with certain exceptions, to intercept, listen or 30 record a wire, electronic or oral communication. In relevant part, existing law 31 establishes various exceptions to this prohibition for peace officers acting under 32 certain circumstances related to the barricade of a person, a hostage situation or the 33 threatened used of an explosive. (NRS 179.463, 200.620) Sections 2.5 and 60.3 of 34 this bill establish an additional exception for a peace officer or certain persons 35 acting under the direction of the peace officer who intercept the communication for 36 the sole purpose of investigating a sexual offense against a child. Sections 60.2, 37 60.4 and 60.5 of this bill make various changes related to the terminology 38 applicable to section 60.5. 39 Existing law provides that a person who knowingly and willfully has in his or 40 her possession any film, photograph or other visual representation depicting a 41 person under the age of 16 years as the subject of the sexual portrayal or engaging 42 in, simulating, or assisting others to engage in or simulate, sexual conduct is guilty 43 of possession of pornography involving a minor. (NRS 200.730) Section 3 of this 44 bill revises the unit of prosecution for such an offense and prescribes that each 45 person depicted under the age of 16 years in any film, photograph or other visual 46 presentation constitutes a separate offense. Section 41 of this bill makes a 47 conforming change related to section 3. 48 Existing law: (1) prescribes various circumstances in which a person is 49 prohibited from owning, possessing or having under his or her custody or control a 50 firearm; and (2) establishes procedures related to the surrender, sale or transfer of a 51 firearm by certain persons who are prohibited from owning, possessing or having 52 under their custody or control a firearm. (NRS 33.031, 33.033, 202.360, 202.361) 53 Sections 4, 30 and 51 of this bill generally require a court to schedule a compliance 54 – 3 – - *SB457_R1* hearing under such circumstances to determine whether a person has complied with 55 a court order to surrender, sell or transfer a firearm. Sections 4, 30 and 51, 56 however, authorize the court to cancel the compliance hearing under certain 57 circumstances. Sections 5, 31 and 52 of this bill apply certain related definitions in 58 existing law to sections 4, 30 and 51, respectively. 59 Existing law establishes certain crimes making it unlawful to take or obtain 60 property. (NRS 205.0821-205.295) Section 29.1 of this bill creates a new crime 61 which provides that if a person intentionally causes property damage to a retail 62 establishment in the commission of a theft offense and the aggregate value of the 63 amount involved in the theft or property damage, or any combination thereof, is 64 $500 or more, the person is guilty of a category C felony. 65 Existing law sets forth certain unlawful acts that constitute domestic violence 66 when committed against certain persons. (NRS 33.018) Section 32 of this bill 67 revises the unlawful acts that constitute domestic violence to include kidnapping as 68 well as an attempt or solicitation to commit any unlawful act that constitutes 69 domestic violence. 70 Existing law establishes provisions concerning actions for wrongful conviction. 71 (NRS 41.900-41.970) Section 34.3 of this bill provides that the entry of a 72 certificate of innocence and the award in an action for wrongful conviction is not a 73 finding that: (1) certain persons committed a wrongdoing; or (2) there was not 74 probable cause under certain circumstances. 75 In general, existing law authorizes a juvenile court to order a child who is 76 subject to the jurisdiction of the juvenile court or the parent or guardian of such a 77 child, or both, to perform community service. (NRS 62E.180) Existing law defines 78 “community service” for the purposes of such orders. (NRS 62A.060) Section 34.7 79 of this bill makes various changes to the definition of “community service.” 80 Existing law provides that if a child who is alleged to be delinquent is taken 81 into custody and detained, the child must be given a detention hearing before the 82 juvenile court. (NRS 62C.040) Section 35 of this bill requires the juvenile court to 83 order a qualified professional to evaluate the mental health of a child who: (1) is 84 alleged to have committed certain unlawful acts involving a battery against a school 85 employee or a child welfare professional; and (2) has in the previous year been 86 taken into custody two or more times for certain battery offenses. Section 36 of this 87 bill makes a conforming change related to the detention of such children under 88 section 35. 89 Existing law requires a juvenile court to suspend the license of a juvenile under 90 certain circumstances if a child is adjudicated to be in need of supervision because 91 the child: (1) is a habitual truant; (2) committed an unlawful acts related to tobacco; 92 (3) committed certain unlawful acts related to a controlled substance or alcohol; or 93 (4) placed graffiti on or defaced property. (NRS 62E.430, 62E.440, 62E.630, 94 62E.690) Sections 39.2-39.8 of this bill make various changes to authorize the 95 juvenile court to order the Department of Motor Vehicles to issue a restricted 96 driver’s license to the child if the issuance is in the best interest of the child. 97 Section 76.5 of this bill makes a conforming change regarding the circumstances 98 under which the Department of Motor Vehicles may issue a restricted driver’s 99 license. 100 Existing law requires a court to discharge a defendant and dismiss the 101 proceedings or set aside the judgment of conviction upon completion of the terms 102 and conditions related to a program of treatment for alcohol or other substance use 103 disorder, a program for treatment of mental illness or a program of treatment for 104 veterans and members of the military or certain other terms and conditions. 105 Thereafter, existing law requires the sealing of records related to the discharge, 106 dismissal or setting aside a judgment of conviction. (NRS 176.211, 176A.240, 107 176A.245, 176A.260, 176A.265, 176A.290, 176A.295) Sections 42, 44, 46 and 49 108 of this bill provide that the automatic record sealing provisions do not apply to such 109 – 4 – - *SB457_R1* persons who were charged with certain offenses related to the abuse or neglect of a 110 child or the abuse of an older or vulnerable person. 111 Existing law generally requires a court to hold a pretrial release hearing to 112 determine the custody status of a person not later than 48 hours after the person has 113 been taken into custody. (NRS 178.4849) Section 53 of this bill provides that the 114 48 hours within which a pretrial release hearing must be held excludes legal 115 holidays. 116 Existing law requires a court to release any bail at the time of sentencing, if the 117 court has not already done so, unless the defendant owes fines and costs, in which 118 case, the bail must be applied towards the fines and costs. (NRS 178.522, 178.528) 119 Section 56 of this bill provides that under these circumstances if the bail has been 120 deposited by a person other than a surety, and upon notice and the agreement of the 121 person, the bail must first be applied towards the payment of any restitution owed 122 by the defendant. Section 55 of this bill makes a conforming change related to the 123 procedures prescribed by section 56. 124 Existing law authorizes: (1) a district attorney and any attorney employed by a 125 district attorney to prosecute a person in a county other than the county by which 126 the district attorney is employed for the limited purpose of conducting a pretrial 127 release hearing; and (2) such an attorney to receive a stipend for being available on 128 a weekend or holiday to serve as a prosecuting attorney in a pretrial release hearing. 129 (NRS 178.760) Section 58 of this bill similarly authorizes a city attorney in a 130 county whose population is less than 100,000 (currently all counties except Clark 131 and Washoe Counties) to be deputized to prosecute a person in the county that 132 encompasses the city attorney for the limited purpose of serving as a prosecuting 133 attorney in a pretrial release hearing, and authorizes the city attorney to receive the 134 stipend for such services. 135 Existing law establishes procedures related to transactional immunity for 136 witnesses in criminal cases. (NRS 178.572-178.578) Sections 57 and 88 of this bill 137 revise and repeal these provisions to establish derivative use immunity for such 138 witnesses. 139 Existing law authorizes the establishment of correctional programs and judicial 140 programs for the reentry of offenders and parolees into the community. (NRS 141 209.4871-209.4889) Section 60.8 authorizes the Department of Corrections to 142 establish an alternative correctional program for the reentry of certain offenders 143 into the community. Sections 60.7, 61.3 and 61.7 of this bill establish and revise 144 various provisions concerning the alternative correctional programs. 145 Existing law authorizes the Director of the Department of Corrections and the 146 sheriff, chief of police or town marshal to establish programs for the treatment of 147 prisoners with a substance use disorder using medication-assisted treatment. (NRS 148 209.4247, 211.400) Sections 61 and 62 of this bill require persons who establish 149 such programs to collaborate with the Department of Health and Human Services if 150 the program relates to opioid use disorder. 151 Existing law: (1) authorizes a board of county commissioners, with certain 152 exceptions, to exercise all powers necessary or proper to address matters of local 153 concern for the effective operation of a county government, whether or not the 154 powers are expressly granted to the board; and (2) defines “matter of local concern” 155 for such purposes. (NRS 244.143, 244.146) Existing law also authorizes a board of 156 county commissioners to enact and enforce local police and sanitary ordinances and 157 regulations that are not in conflict with the general laws and regulations of this 158 State. (NRS 244.357) Section 65.5 of this bill requires a board of county 159 [Text truncated for display. Full text available on LegiScan.]