Existing law provides that a person who commits a crime under certain specified circumstances may be subject to an additional penalty related to the commission of the crime. (NRS 193.161-193.1685) Section 1 of this bill provides that a person who is released on bail or conditions of release after being arrested for a felony and while so released commits another felony, is subject to an additional penalty. Section 40 of this bill makes a conforming change related to the establishment of the additional penalty and the aggregation of sentences.
Existing law prohibits a person from stalking and prescribes various penalties related to the circumstance under which the offense is committed. (NRS 200.575) Section 2 of this bill makes various changes to provide that stalking encompasses both acts committed in person and by electronic means, and provides that such penalties are generally applicable to such acts regardless of medium. Sections 50 and 63 of this bill make conforming changes related to section 2.
Existing law provides that a person who knowingly and willfully has in his or her possession any film, photograph or other visual representation depicting a person under the age of 16 years as the subject of the sexual portrayal or engaging in, simulating, or assisting others to engage in or simulate, sexual conduct is guilty of possession of pornography involving a minor. (NRS 200.730) Section 3 of this bill revises the unit of prosecution for such an offense and prescribes that the possession of each film, photograph or other visual representation constitutes a separate offense. Section 41 of this bill makes a conforming change related to section 3.
Existing law: (1) prescribes various circumstances in which a person is prohibited from owning, possessing or having under his or her custody or control a firearm; and (2) establishes procedures related to the surrender, sale or transfer of a firearm by certain persons who are prohibited from owning, possessing or having under their custody or control a firearm. (NRS 33.031, 33.033, 178.4851, 202.360, 202.361) Sections 4, 30 and 51 of this bill require a court to schedule a compliance hearing under certain circumstances to determine whether a person has complied with a court order to surrender, sell or transfer a firearm. Sections 5, 31 and 52 of this bill apply certain related definitions in existing law to sections 4, 30 and 51, respectively.
Existing law provides that a person who, by day or night, unlawfully enters or unlawfully remains in a dwelling, business structure, motor vehicle or other structure is guilty of residential burglary, burglary of a business, burglary of a motor vehicle or burglary of a structure, as applicable, and establishes corresponding penalties for each type of burglary. (NRS 205.060) Section 7 of this bill: (1) removes the requirement that a person unlawfully enter or unlawfully remain in the dwelling, business structure, motor vehicle or other structure; and (2) increases the penalties for burglary of a business, burglary of a motor vehicle and burglary of a structure.
Existing law provides that a person who commits theft is subject to graduated penalties depending on the value of the property or services involved in the theft. In relevant part, existing law provides that a person is guilty of: (1) a misdemeanor if the value of the property or services involved in the theft is less than $1,200; and (2) a category D felony if the value of the property or services involved in the theft is $1,200 or more. (NRS 205.0835) Section 10 of this bill decreases the felony theft threshold to $750. Sections 11-28, 76, 83 and 84 of this bill make conforming changes to various theft and related offenses that use monetary thresholds.
Existing law establishes certain crimes making it unlawful to take or obtain property. (NRS 205.0821-205.295) Section 6 of this bill provides that if a person commits certain theft offenses and has previously been convicted two or more times of certain designated offenses relating to such crimes involving property, the person is guilty of: (1) a category D felony for a first offense; and (2) a category C felony for a second or subsequent offense. Sections 8 and 9 of this bill make conforming changes related to the penalty prescribed by section 6.
Existing law provides that a person may be prosecuted as a habitual criminal: (1) punishable as a category B felony, if the person is convicted of a felony and has previously been convicted five times of a felony; or (2) punishable as a category A felony, if the person is convicted of a felony and has previously been convicted seven times of a felony. (NRS 207.010) Section 29 of this bill decreases the threshold for previous felony convictions to two and three, respectively.
Existing law prohibits a conviction of possession, low-level possession or unlawful use of a controlled substance from being used for the purposes of determining whether a person is a habitual criminal. (NRS 207.010) Section 29 removes this prohibition.
Existing law sets forth certain unlawful acts that constitute domestic violence when committed against certain persons. (NRS 33.018) Section 32 of this bill revises the unlawful acts that constitute domestic violence to include robbery and kidnapping, as well as an attempt, conspiracy or solicitation to commit any unlawful act that constitutes domestic violence.
Existing law provides that if a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing before the juvenile court. (NRS 62C.040) Section 35 of this bill requires the juvenile court to order a qualified professional to evaluate a child who is alleged to have committed certain unlawful acts involving violence against a school employee or an employee of an agency which provides child welfare services. Section 37 of this bill authorizes a juvenile court to impose not more than 200 hours of community service on such a child who has been adjudicated delinquent or as part of a consent decree. Section 33 of this bill defines the term “school employee” for that purpose and sections 34, 36 and 38 of this bill make various other conforming changes related to sections 33, 35 and 37.
Existing law sets forth the requirements for conducting a preliminary examination and authorizes the use of hearsay evidence under certain circumstances. (NRS 171.196) Section 39 of this bill authorizes law enforcement officers with certain training or 5 years of experience to provide hearsay evidence at a preliminary examination under certain circumstances.
Existing law provides that an offender who has committed certain offenses is ineligible for a deferral of judgment or assignment to a program of treatment for alcohol or other substance use disorder, a program for treatment of mental illness or a program for treatment for veterans and members of the military. (NRS 176.211, 176A.240, 176A.260, 176A.287) Sections 42, 43, 45 and 47 of this bill extend such prohibitions to crimes related to the abuse of a child or an older or vulnerable person.
Existing law requires a court to discharge a defendant and dismiss the proceedings or set aside the judgment of conviction upon completion of the terms and conditions related to a program of treatment for alcohol or other substance use disorder, a program for treatment of mental illness or a program of treatment for veterans and members of the military. Thereafter, existing law requires the sealing of records related to the discharge, dismissal or setting aside a judgment of conviction. (NRS 176A.240, 176A.245, 176A.260, 176A.265, 176A.290, 176A.295) Sections 43-46, 48 and 49 of this bill provide that a court may make such decisions related to the discharge and dismissal of proceedings or the setting aside of judgment and makes the record sealing dependent on the dismissal of the proceedings or setting aside of judgment.
Existing law authorizes a court to assign a defendant to a program for the treatment of problem gambling and requires the deferral of the sentence and setting aside of the conviction if a qualified mental health professional certifies that the person completed the program. (NRS 458A.200-458A.260) Sections 74 and 75 of this bill authorize the court to make such decisions.
Existing law establishes provisions related to pretrial release hearings and the imposition and exoneration of bail. (NRS 178.483-178.548) Section 53 of this bill provides that a pretrial release hearing must be held within 72 hours, excluding legal holidays. Section 54 of this bill establishes a rebuttable presumption related to the imposition of bail or conditions of release, or both. Sections 55 and 56 of this bill revise provisions related to the exoneration of bail and provides for the application of money deposited as bail towards restitution under certain circumstances. Section 58 of this bill makes a conforming change related to the removal of performing pretrial release hearings on legal holidays.
Existing law establishes procedures related to transactional immunity for witnesses in criminal cases. (NRS 178.572-178.578) Sections 57 and 88 of this bill revise and repeal these provisions to establish derivative use immunity for such witnesses.
Existing law authorizes certain persons to inspect certain sealed records. (NRS 179.301) Sections 59 and 60 of this bill make certain changes to authorize a prosecuting attorney to inspect and use sealed records for the purposes of seeking an additional or alternative penalty.
Existing law authorizes the Director of the Department of Corrections and the sheriff, chief of police or town marshal to establish programs for the treatment of prisoners with a substance use disorder using medication-assisted treatment. (NRS 209.4247, 211.400) Sections 61 and 62 of this bill require persons who establish such programs to collaborate with the Department of Health and Human Services if the program relates to opioid use disorder.
Existing law establishes provisions related to the administration and allocation of the Fund for a Resilient Nevada. (NRS 433.732-433.744) Sections 70-72 of this bill make various changes to allow the Fund to be used for training for law enforcement and other criminal justice agencies related to trauma-informed practices and medication-assisted treatment for persons with opioid use disorder. Section 69 of this bill makes a conforming change to refer to provisions renumbered by section 70. Section 66 of this bill requires the Department of Health and Human Services to make available certain information relating to peer recovery support services. Sections 65, 67, 68 and 85-87 of this bill make conforming changes to establish definitions and to apply definitions in existing law governing such services to sections 65, 67, 68 and 85-87.
Existing law establishes the crimes of trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl, depending on the amount of fentanyl involved. (NRS 453.3387) Section 73 of this bill makes various changes to establish the crimes of trafficking, mid-level trafficking and high-level trafficking of such substances.
Existing law sets forth various penalties involving driving or operating a vehicle or vessel under the influence of alcohol, a controlled substance or a prohibited substance under certain circumstances. (Chapter 484C of NRS, NRS 488.400-488.520) Sections 77 and 81 of this bill provide that the prohibition on a person driving or operating a vehicle or vessel with a specific amount of marijuana or marijuana metabolite in his or her blood applies to certain offenses punishable as a felony. Sections 78 and 79 of this bill provide that a person is guilty of a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000, if the person drives under the influence of alcohol or a controlled substance while undergoing a program of treatment for an alcohol or other substance use disorder as a result of having committed a third offense of driving under the influence in 7 years. Sections 80, 81 and 82 of this bill: (1) increase the terms of imprisonment for a person who proximately causes the death of another person while driving or operating a vehicle or vessel under the influence of alcohol or a controlled substance; and (2) provide that in certain circumstances such a person may be punished for second-degree murder.
Statutes affected: As Introduced: 200.575, 200.730, 202.253, 205.060, 205.0821, 205.0833, 205.0835, 205.130, 205.134, 205.220, 205.240, 205.267, 205.275, 205.365, 205.370, 205.377, 205.380, 205.415, 205.445, 205.520, 205.540, 205.570, 205.580, 205.590, 205.950, 207.010, 33.017, 33.018, 62A.010, 62C.100, 62E.500, 171.196, 176.035, 176.0931, 176.211, 176A.240, 176A.245, 176A.260, 176A.265, 176A.287, 176A.290, 176A.295, 176A.413, 178.483, 178.4849, 178.4851, 178.522, 178.528, 178.572, 178.760, 179.295, 179.301, 209.4247, 211.400, 213.1258, 433.005, 433.622, 433.730, 433.736, 433.738, 433.740, 453.3387, 458A.220, 458A.240, 475.105, 484C.110, 484C.340, 484C.410, 484C.430, 488.410, 488.420, 501.3765, 612.445, 641.029, 641B.040, 641C.130
BDR: 200.575, 200.730, 202.253, 205.060, 205.0821, 205.0833, 205.0835, 205.130, 205.134, 205.220, 205.240, 205.267, 205.275, 205.365, 205.370, 205.377, 205.380, 205.415, 205.445, 205.520, 205.540, 205.570, 205.580, 205.590, 205.950, 207.010, 33.017, 33.018, 62A.010, 62C.100, 62E.500, 171.196, 176.035, 176.0931, 176.211, 176A.240, 176A.245, 176A.260, 176A.265, 176A.287, 176A.290, 176A.295, 176A.413, 178.483, 178.4849, 178.4851, 178.522, 178.528, 178.572, 178.760, 179.295, 179.301, 209.4247, 211.400, 213.1258, 433.005, 433.622, 433.730, 433.736, 433.738, 433.740, 453.3387, 458A.220, 458A.240, 475.105, 484C.110, 484C.340, 484C.410, 484C.430, 488.410, 488.420, 501.3765, 612.445, 641.029, 641B.040, 641C.130