Existing law prohibits a person from threatening or intimidating a public officer, public employee or certain other persons authorized to hear or determine a controversy or matter with the intent to induce the officer, employee or person to act in a manner contrary to his or her duties. A person who commits such an act is guilty of: (1) a category B or C felony, if physical force or the immediate threat of physical force is used; and (2) a gross misdemeanor, if no physical force or immediate threat of physical force is used. (NRS 199.300) Section 1 of this bill makes this prohibition applicable to a person who threatens or intimidates a tribal judge of a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State. Existing law provides that an assault without a deadly weapon or a battery without a deadly weapon, other than a battery causing substantial harm to the victim or committed by strangulation, is punishable as a misdemeanor. (NRS 200.471, 200.481) A person who commits an assault without a deadly weapon against an officer, including certain justices and judges, in the performance of his or her duties and where the perpetrator knows or should have known that the victim is an officer is instead guilty of: (1) a category D felony, if the perpetrator is a probationer, prisoner who is in lawful custody or confinement or parolee; and (2) in all other cases, a gross misdemeanor. (NRS 200.471) Additionally, a person who commits a battery without a deadly weapon against such an officer in the performance of his or her duties and where the perpetrator knows or should have known that the victim is an officer is instead guilty of: (1) a category B felony if the battery involves substantial bodily harm or strangulation or the perpetrator is a probationer, prisoner who is in lawful custody or confinement or parolee; and (2) in all other cases where there is no substantial bodily harm or strangulation, a gross misdemeanor. (NRS 200.481) Sections 2 and 3 of this bill expand the term “officer” to include a tribal judge for purposes of such enhanced penalties. Existing law authorizes certain persons to obtain a court order to require a county assessor, a county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in their records in a confidential manner. The persons authorized to obtain such orders include, among others, justices, judges, certain court personnel, certain prosecutors and state or county public defenders. (NRS 247.540, 250.140, 293.908) Sections 4-6 of this bill further authorize a tribal judge to obtain such court orders. Existing law authorizes certain persons, including certain judicial officers, to request that the Department of Motor Vehicles display an alternate address on the person's driver's license, commercial driver's license or identification card. (NRS 481.091) Section 7 of this bill further authorizes a tribal judge to make such requests of the Department.

Statutes affected:
As Introduced: 199.300, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091
BDR: 199.300, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091