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 to include: (1) residential burglary; (2) invasion of the home; (3) theft, or attempted theft; (4) forgery, or attempted forgery; (5) larceny, or attempted larceny; (6) fraud, or attempted fraud; and (7) engaging in a deceptive trade practice. Existing law establishes the crime of burglary and sets forth various penalties based on the structure in which the burglary is committed. A burglary of a dwelling is considered residential burglary and is a category B felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years. (NRS 205.060) Section 2 of this bill increases the minimum term of imprisonment to not less than 2 years and the maximum term of imprisonment to not more than 20 years if a person: (1) is convicted of residential burglary; and (2) causes the death of or serious bodily injury to a person 60 years of age or older during the commission of the crime. Existing law prohibits a person from forcibly entering a dwelling without the permission of the owner, resident or lawful occupant, and makes such an invasion of the home a category B felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years. (NRS 205.067) Section 3 of this bill increases the minimum term of imprisonment to not less than 2 years and the maximum term of imprisonment to not more than 20 years if a person: (1) is convicted of invasion of the home; and (2) causes the death of or serious bodily injury to a person 60 years of age or older during the commission of the crime. Existing law provides that if a person commits certain property crimes against a person 60 years of age or older or a vulnerable person for which the person is subject to an additional penalty: (1) the court is prohibited from granting probation to the person until the person has paid to the victim of the crime at least 80 percent of the amount of restitution set by the court; (2) the State Board of Parole Commissioners is prohibited from releasing the person on parole until the person has paid to the victim of the crime at least 80 percent of the amount of restitution set by the court; and (3) the person is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada. (NRS 176A.120, 213.1216, 228.280) Sections 4 and 5 of this bill add to the list of crimes for which a person is prohibited from being granted parole or released from parole until the person has paid at least 80 percent of the amount of restitution set by the court: (1) residential burglary; (2) invasion of the home; (3) theft, or attempted theft; (4) forgery, or attempted forgery; (5) larceny, or attempted larceny; (6) fraud, or attempted fraud; and (7) engaging in a deceptive trade practice. Section 6 of this bill adds those additional crimes to the list of crimes for which a person is also liable for a civil penalty.

Statutes affected:
As Introduced: 193.167, 205.060, 205.067, 176A.120, 213.1216, 228.280
BDR: 193.167, 205.060, 205.067, 176A.120, 213.1216, 228.280