Nevada hearing on AB209 would grant limited immunity to sex workers who report violent crimes

Assembly Member David Ornetlicker introduced Assembly Bill 209 on the Assembly Judiciary Committee floor in a hybrid hearing attended in Carson City and Las Vegas, saying the bill would grant limited immunity to sex workers for certain low-level offenses when they report violent crimes, trafficking or sexual assault.

"This bill is an anti-crime and anti-trafficking bill that will protect one of our most marginalized communities," Assembly Member David Ornetlicker said. He told the committee AB209 is the product of a working group and draws on models in other states, including Colorado.

Supporters said the bill would lower barriers that now prevent many sex workers from reporting serious crimes. "Ninety-plus percent of sex workers don't trust the police," said Barbara Brents, professor of sociology at the University of Nevada, Las Vegas, who studies the industry. She said the result is that many crimes go unreported.

Rebecca Cleary, an attorney who has tracked immunity statutes nationally, told the committee 9 jurisdictions have enacted similar laws in recent years and that such laws have sometimes produced immediate reporting improvements in local communities. Amy Marie Merrill, co‑executive director of The Cupcake Girls, an anti‑trafficking nonprofit, said survivors and sex workers have told her they avoid reporting violent crimes because they fear arrest and the collateral consequences of criminal records.

AB209 would, as introduced, provide immunity for a limited list of low‑level offenses — such as prostitution, simple drug possession and loitering — when the protected person reports that they were the victim of, or a witness to, a qualifying violent crime. Ornetlicker described a conceptual amendment the sponsor is pursuing that would narrow application: immunity would apply where the sex worker contacts police to report a crime (for example by calling 911 or reporting at a station) and would not apply when an individual is already being investigated or arrested and then makes a report. The amendment would also refine the enumerated low‑level offenses and add a data‑collection provision.

Supporters framed the change as a harm‑reduction measure to increase reporting of trafficking, sexual assault and violent crimes. "No one should have to choose between arrest and justice," Merrill said, urging passage.

Law enforcement witnesses strongly urged caution. Lieutenant Jesse Kommel Bernstein of the Las Vegas Metropolitan Police Department's vice section said his unit conducts victim‑centered investigations and does not arrest victims of sexual assault or trafficking; advocates are routinely paired with people contacted during prostitution enforcement. "We take all victims seriously and we vigorously investigate crimes against victims regardless of their criminal history," he said.

Prosecutors also opposed the bill in its present form. John Jones of the Nevada District Attorneys Association said AB209 "does nothing to address the trust issues" between some sex workers and law enforcement and cautioned that codifying immunity could perpetuate a perception that victims should be afraid to interact with police.

Multiple public defenders and advocacy groups testified in favor of AB209, saying criminal records and fines deter victims from seeking emergency care and reporting violence. Several current and former sex workers gave personal testimony about fearing arrest if they sought help after assaults.

Assembly members asked whether a single report grants a one‑time pardon or ongoing protection. Ornetlicker said the immunity applies to each qualifying report; it is not a one‑time lifetime shield. He also and his witnesses said the bill is intended to cover reporting that leads to police or medical response (for example calling 911 or reporting at a station) and to permit access to medical care without fear of arrest in those circumstances.

The committee heard a broad range of perspectives over roughly 70 minutes of testimony. Supporters urged the committee to adopt the sponsor's narrowing amendment — described during the hearing as limiting immunity to situations where the sex worker contacts police to report a crime and adding data collection — and to pass the bill to improve reporting of violent crimes. Opponents, including law enforcement and the Nevada District Attorneys Association, urged further changes to guard against misuse and to preserve prosecutorial discretion.

The hearing closed with the sponsor saying he would continue to work with stakeholders on language changes. No vote on AB209 was recorded during the hearing.

AB209 — as presented to the committee — would grant limited immunity for enumerated, low‑level offenses when a sex worker reports or seeks assistance for a qualifying violent crime; the sponsor said a conceptual amendment would further narrow the circumstances and add reporting requirements so the law's impact can be evaluated.