Thursday, March 27, 1997 | 11:59 a.m.
CARSON CITY - A bill making parents responsible for vandalism by their children was approved Wednesday by a committee after a lawmaker said some parents incite child crimes and should be penalized.
Sen. Ernie Adler said Nevada needs AB39 to censure the many parents he has seen during his years practicing law who ignore, promote or participate in their children's delinquent behavior.
"Many parents are encouraging these types of activities," Adler, D-Carson City, said. "I don't really have a problem with making parents more responsible."
However, Assemblyman Dario Herrera, the bill's sponsor, said most parents act responsibly toward raising their children, adding that "the bill wasn't designed to punish parents who are accountable."
"It won't hold liable parents who are doing everything they can," Herrera, D-Las Vegas, said. "The idea is for the parent and child to be treated together, as a family, not just the parent."
Current law gives judges the option to decide whether to require parents to pay for vandalism.
The bill allows a judge to order a child who damages or destroys property belonging to another person to provide restitution to the owner.
But if the child can't, the judge can order the parent or guardian to pay back the owner, unless the judge "determines that extenuating circumstances exist."
A judge also could find that the parents have made every effort to raise their child to be law-abiding but are unable to control the child, and therefore shouldn't be punished.
If the family can't afford to pay restitution, the judge could order the child or parent to perform community service.
Ben Graham of the Nevada District Attorney's Association said many parents try to keep their children on track but added, "Many parents just give up. It's not an issue of not caring. We would turn to restitution as a last resort."
Ed Fend of the American Association of Retired Persons said the bill is critical to help senior citizens get reimbursed for damage or loss of their property.
"These acts actually terrorize senior citizens," Fend said. "It makes them afraid to leave their buildings.
"They can't pay to fix the damage because they're on a fixed income and are stuck with whatever they can do to get the parents to pay. Many parents do pay, but many do not."
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