Section 1 of this bill provides that a person is guilty of a bias crime if the person, because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of a person or group of persons, intentionally: (1) tampers or interferes with the property of a person with the intent to substantially annoy or inconvenience the person; (2) subjects a person to offensive physical contact; or (3) subjects a person to alarm by making certain threats. Section 1 makes a bias crime punishable as a misdemeanor. Existing law authorizes a person who has suffered injury as the proximate result of the commission of certain crimes by a perpetrator who was motivated by certain characteristics of the injured person to bring a civil action to recover his or her actual damages and punitive damages. (NRS 41.690) Section 2 of this bill additionally authorizes a person who has suffered injury as the proximate result of a violation of section 1 to bring a civil action to recover his or her actual damages and punitive damages. Existing law requires the Central Repository for Nevada Records of Criminal History to make available to the public data regarding the prosecution of certain crimes that manifest evidence of prejudice. (NRS 179A.175) Section 3 of this bill additionally requires the Central Repository to make data regarding any prosecution of a violation of section 1 available to the public. Section 4 of this bill creates the Account for Survivors of Crime in the State General Fund to be administered by the Attorney General. Section 4 requires money in the Account to be used to provide support and resources to survivors of: (1) hate crimes for which certain additional or enhanced penalties are imposed; (2) bias crimes pursuant to section 1; and (3) any other crime prosecuted by the Office of the Attorney General. Section 5 of this bill makes an appropriation to the Account created by section 4 for the purposes described in section 4. Existing law defines the term “gender identity or expression” and makes that definition applicable to the Nevada Revised Statutes as a whole. (NRS 0.034) Section 6 of this bill repeals a duplicative definition of the term “gender identity or expression.” (NRS 193.0148) Sections 2 and 3 make conforming changes to eliminate references to the definition repealed by section 6.

Statutes affected:
As Introduced: 41.690, 179A.175, 193.0148
BDR: 41.690, 179A.175, 193.0148