Existing law requires the imposition of an additional penalty upon a person who commits certain crimes against a person 60 years of age or older or a vulnerable person, which must run consecutively with the sentence prescribed by statute for the crime. (NRS 193.167) Section 1 of this bill expands the list of crimes against an older or a vulnerable person that require the imposition of the additional penalty. Specifically, section 1 applies the additional penalty to the following forms of theft intentionally or knowingly committed against an older or vulnerable person: (1) controlling property of another with intent to deprive that person of the property; (2) the conversion of, unauthorized transfer of an interest in or unauthorized control of the property of another by a person who had the authority to possess the property only for a limited duration or use; or (3) obtaining the property or services of another by a material misrepresentation with intent to deprive the person of the property or services. Section 1 also applies the additional penalty to a criminal deceptive trade practice committed intentionally or knowingly against an older or a vulnerable person. Section 6 of this bill adds those theft and deceptive trade practice crimes to the list of crimes for which a person is also liable for a civil penalty, which may be recovered by the Attorney General. (NRS 228.280) Under existing law, a person convicted of those theft or deceptive trade practice crimes against an older or vulnerable person would also not be eligible for probation or release on parole until the person has paid at least 80 percent of the amount of restitution set by the court. (NRS 176A.120, 213.1216)
Statutes affected: As Introduced: 193.167, 205.060, 205.067, 176A.120, 213.1216, 228.280
Reprint 1: 193.167, 228.280
Reprint 2: 193.167, 228.280
Reprint 3: 193.167, 228.280
As Enrolled: 193.167, 228.280
BDR: 193.167, 205.060, 205.067, 176A.120, 213.1216, 228.280