Nevada bill would address Sandusky-type sex crimes

CARSON CITY - In a move aimed at preventing a Jerry Sandusky-type sex crime scandal from occurring in Nevada, Assemblyman Pete Livermore said Thursday he will introduce a bill that could bring more reporting of sex crimes against children.

Livermore is drafting a bill in response to concerns by a Nevada physician who said there are "legal impediments" that discourage "mandatory reporters" from notifying police and child protection agencies of their suspicions of violent and sex crimes against children.

The Carson City legislator said the measure would reduce the liability of people who do report sex crimes, especially if they fail to immediately report their suspicions. But fellow Republican Assembly John Hambrick of Las Vegas said the measure could backfire and lead to more victims.

The proposal was made in response to the June 22 conviction of Sandusky, a former Penn State assistant football coach, on 45 of 48 charges of sex crimes involving boys over a 15-year period. Sandusky, 68, has not yet been sentenced but probably will spend the rest of his life in prison.

He was convicted of sexually assaulting 10 boys, all from disadvantaged backgrounds, who met him through his connections to the highly ranked football program.

Another assistant coach, Mike McQueary, reported to head coach Joe Paterno after he saw Sandusky raping a 10-year-old in a campus shower in 2002. But neither Paterno nor other senior university officials whom Paterno spoke with contacted police.

Trials are coming against university officials who authorities allege did not report the crimes committed by Sandusky and lawsuits from victims seeking millions of dollars in damages from Penn State.

GOAL: REDUCING LIABILITY

Livermore said his constituent, who attended Penn State, wants to limit the legal liability of mandatory reporters who do not report the crime as timely as they should and the liability of Nevada colleges, schools and other places where the crime was committed. Details of how that would be accomplished have not been finalized.

Mandatory reporters are doctors, social workers, teachers and others who face misdemeanor charges in Nevada if they fail to report sexual crimes against children within 24 hours. If the crime is committed at an institution, such as a university or school, those institutions can face lawsuits for damages.

"He has this fear that trial lawyers who can make money off these cases would work to kill the bill (if they hear about it now)," Livermore said. "He worries about what could happen to UNR or a local school."

There have been past moves in Nevada to punish people who did not quickly report suspected sexual crimes against children. A move to charge then-Reno Mayor Pete Sferrazza with a misdemeanor was dropped in 1998. Allegations had been raised that he failed to quickly report a possible violation that a client told him about at his private law practice.

Bill Bradley, a Reno lawyer who represents the Nevada Justice Association at the Legislature, said he could not comment on trial lawyers' reaction to Livermore's bill until he can read it.

While the subject matter of Livermore's bill has been released, the contents of the bill will not be known until he introduces it at the 2013 session.

Livermore said he would not commit his support until he sees the bill, now being drawn up by legislative lawyers, and hears amendments. He added that his constituent has promised to testify at hearings.

Over the years, legislators often have introduced bills sought by constituents though they might not personally support them.

LIVERMORE'S CONCERNS

Livermore said he can see merit in moves to block lawsuits being filed against individuals or colleges if they do report the possible crime in a "week or a month" if the change means more crimes against children will be reported to police.

But if the reporting delay is too long, the assemblyman said, children could be harmed more and the late reporter or institution should be held liable.

"I want them to report immediately," said Livermore, who is seeking his second term in the Assembly after serving 12 years as a member of the Carson City Board of Supervisors.

Before the 2011 session, 1,312 bills were drawn up for introduction in the Legislature. About half became law, and 28 were vetoed by Gov. Brian Sandoval.

Livermore said the issue needs to be discussed by residents and the Legislature. Through the debates, he hopes a bill emerges than helps, not hurts, abused children.

Hambrick, who regularly draws up legislation to stop crimes against children, said the proposal for the 2013 Legislature to change existing state law is worth discussing, but it will be difficult to pass.

He said he feared if legislators expanded the mandatory reporting period to 36 hours or 48 hours, then more children would be harmed. At the same time, he said more people or colleges might report such crimes if they were not subject to penalties or lawsuits.

"This is going to be a very thin line to walk," Hambrick said. "We should discuss it. Maybe the attorney general could craft the law since she is the one who will have to enforce it."

Nevada Children's Advocate Vic Schultze, a deputy attorney general, said he would not comment on the merits of the bill until it's drawn up and he can read it.

"Like everything, the devil will be in the details," he said.

Under state law, there is a long list of people who must report neglect or sexual abuse of children "as soon as practically possible," or within 24 hours.

Besides doctors, teachers and social workers, the list includes members of the clergy, psychologists, therapists, athletic trainers, emergency medical technicians, hospital employees, drug counselors, coroners, school librarians, camp counselors, foster parents, attorneys, unless they acquired the information from a client accused of the abuse, and others.