Existing law provides that if a person commits an assault upon an officer who is performing his or her duty and the person knew or should have known that the victim was an officer, the person is guilty of: (1) a category B felony if the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 200.471) Additionally, existing law provides that if a person commits a battery upon an officer and the person knew or should have known that the victim was an officer, the person is guilty of: (1) a category B felony if the battery causes substantial bodily harm or is committed by strangulation; or (2) if those circumstances are not present and no greater penalty is provided by law, a gross misdemeanor. (NRS 200.481) Sections 1.3 and 1.7 of this bill revise the definition of “officer” for the purposes of the enhanced penalties for assault or battery to include an employee of this State or a political subdivision of this State whose normal job responsibilities require the employee to: (1) interact with the public; and (2) perform tasks related to child welfare services or child protective services or other tasks that expose the person to comparable danger. Additionally, sections 1.3 and 1.7 of this act apply the enhanced penalties to an assault or battery committed against a hospitality employee. 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 expands the unlawful acts which constitute stalking to include certain courses of conduct that would cause the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a person in a dating relationship with the victim. Section 2 also 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 the commission of stalking by electronic means under 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 each person depicted under the age of 16 years in any film, photograph or other visual presentation 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, 202.360, 202.361) Sections 4, 30 and 51 of this bill generally require a court to schedule a compliance hearing under such circumstances to determine whether a person has complied with a court order to surrender, sell or transfer a firearm. Sections 4, 30 and 51, however, authorize the court to cancel the compliance hearing under certain circumstances. Sections 5, 31 and 52 of this bill apply certain related definitions in existing law to sections 4, 30 and 51, respectively. Existing law establishes certain crimes making it unlawful to take or obtain property. (NRS 205.0821-205.295) Section 29.1 of this bill creates a new crime which provides that if a person intentionally causes property damage to a retail establishment in the commission of a theft offense and the aggregate value of the amount involved in the theft or property damage, or any combination thereof, is $750 or more, the person is guilty of a category C felony. 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 kidnapping as well as an attempt or solicitation to commit any unlawful act that constitutes domestic violence. Existing law establishes provisions concerning actions for wrongful conviction. (NRS 41.900-41.970) Section 34.3 of this bill provides that the entry of a certificate of innocence and the award in an action for wrongful conviction is not a finding that: (1) certain persons committed a wrongdoing; or (2) there was not probable cause under certain circumstances. 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 the mental health of a child who: (1) is alleged to have committed certain unlawful acts involving a battery against a school employee or a child welfare professional; and (2) has in the previous year been taken into custody two or more times for certain battery offenses. Section 36 of this bill makes a conforming change related to the detention of such children under section 35. Existing law requires a juvenile court to suspend the license of a juvenile under certain circumstances if a child is adjudicated to be in need of supervision because the child: (1) is a habitual truant; (2) committed an unlawful acts related to tobacco; (3) committed certain unlawful acts related to a controlled substance or alcohol; or (4) placed graffiti on or defaced property. (NRS 62E.430, 62E.440, 62E.630, 62E.690) Sections 39.2-39.8 of this bill make various changes to authorize the juvenile court to order the Department of Motor Vehicles to issue a restricted driver's license to the child if the issuance is in the best interest of the child. Section 76.5 of this bill makes a conforming change regarding the circumstances under which the Department of Motor Vehicles may issue a restricted driver's license. 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 or certain other terms and conditions. Thereafter, existing law requires the sealing of records related to the discharge, dismissal or setting aside a judgment of conviction. (NRS 176.211, 176A.240, 176A.245, 176A.260, 176A.265, 176A.290, 176A.295) Sections 42, 44, 46 and 49 of this bill provide that the automatic record sealing provisions do not apply to such persons who were charged with certain offenses related to the abuse or neglect of a child or the abuse of an older or vulnerable person. Existing law requires a court to release any bail at the time of sentencing, if the court has not already done so, unless the defendant owes fines and costs, in which case, the bail must be applied towards the fines and costs. (NRS 178.522, 178.528) Section 56 of this bill provides that under these circumstances if the bail has been deposited by a person other than a surety, and upon notice and the agreement of the person, the bail must first be applied towards the payment of any restitution owed by the defendant. Section 55 of this bill makes a conforming change related to the procedures prescribed by section 56. Existing law authorizes: (1) a district attorney and any attorney employed by a district attorney to prosecute a person in a county other than the county by which the district attorney is employed for the limited purpose of conducting a pretrial release hearing; and (2) such an attorney to receive a stipend for being available on a weekend or holiday to serve as a prosecuting attorney in a pretrial release hearing. (NRS 178.760) Section 58 of this bill similarly authorizes a city attorney in a county whose population is less than 100,000 (currently all counties except Clark and Washoe Counties) to be deputized to prosecute a person in the county that encompasses the city attorney for the limited purpose of serving as a prosecuting attorney in a pretrial release hearing, and authorizes the city attorney to receive the stipend for such services. Existing law authorizes the establishment of correctional programs and judicial programs for the reentry of offenders and parolees into the community. (NRS 209.4871-209.4889) Section 60.8 authorizes the Department of Corrections to establish an alternative correctional program for the reentry of certain offenders into the community. Sections 60.7, 61.3 and 61.7 of this bill establish and revise various provisions concerning the alternative correctional programs. 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: (1) authorizes a board of county commissioners, with certain exceptions, to exercise all powers necessary or proper to address matters of local concern for the effective operation of a county government, whether or not the powers are expressly granted to the board; and (2) defines “matter of local concern” for such purposes. (NRS 244.143, 244.146) Existing law also authorizes a board of county commissioners to enact and enforce local police and sanitary ordinances and regulations that are not in conflict with the general laws and regulations of this State. (NRS 244.357) Section 65.5 of this bill requires a board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) to adopt an ordinance that designates the geographic boundaries of one or more corridors in which the commission of crime poses a significant risk to public safety and the economic welfare of this State due to the high concentration of tourists, visitors, employees and other persons in such corridors. Section 65.5 provides that a person who is charged with, convicted of or the subject of deferred adjudication for any offense punishable as a misdemeanor: (1) for the first offense within the corridor within two years, may as a condition of release, sentencing, suspension of sentence or deferred adjudication, as applicable, be prohibited from entering the corridor in which the offense occurred for a period not to exceed 1 year; and (2) for a second or subsequent offense within the corridor within 2 years, must as a condition of release, sentencing, suspension of sentence or deferred adjudication, as applicable, be prohibited from entering the corridor in which the offense occurred for a period of not less than 1 year. Section 29.5 of this bill authorizes a justice court, in a county wherein the board of county commissioners adopts an ordinance designating the geographic boundaries of one or more corridors pursuant to section 65.5, to establish an appropriate program for the adjudication of offenses punishable as a misdemeanor that occurred within the boundaries of such corridors. Section 29.7 of this bill requires a justice court whose jurisdiction includes a corridor established pursuant to section 65.5 to prepare and submit: (1) to the Legislature an annual report containing certain information regarding crimes that occur within such corridors; and (2) to the respective board of county commissioners a monthly report containing certain information regarding crimes that occur within such corridors. Existing law requires the Department of Health and Human Services to conduct a statewide needs assessment to determine the priorities for allocating money from the Fund for a Resilient Nevada; and (2) based on that needs assessment, develop a statewide plan for allocating the money in the Fund. (NRS 433.734) Existing law also prescribes specific requirements concerning the statewide needs assessment. (NRS 433.736) Section 70 of this bill requires the statewide assessment to establish priorities related to the identification of educational resources to be used for the training of 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. Existing law establishes provisions related to peer recovery support services. (NRS 433.622-433.641) 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 68 and 85-87 of this bill make conforming changes governing the applicability of section 66 to certain existing provisions of law related to peer support services. 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 80 and 82 of this bill 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. Additionally, sections 80 and 82 further provide that any such person who proximately causes the death of another person and who has previously been once or twice convicted of certain offenses related to driving or operating a vehicle or vessel under the influence of alcohol or a controlled substance is subject to an increased penalty. Sections 87.3 and 87.5 make appropriations to the Interim Finance Committee for allocation to the Department of Corrections and the Administrative Office of the Courts for the purposes of carrying out the provisions of this act.

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
Reprint 1: 200.471, 200.481, 200.575, 200.620, 200.730, 202.253, 33.017, 33.018, 41.910, 62A.060, 62C.100, 62E.430, 62E.440, 62E.630, 62E.690, 176.0931, 176.211, 176A.245, 176A.265, 176A.295, 176A.413, 178.483, 178.4849, 178.522, 178.528, 178.572, 178.760, 179.410, 179.460, 209.4247, 209.4871, 209.4889, 211.400, 213.1258, 433.622, 433.730, 433.736, 483.490, 484C.110, 484C.430, 488.410, 488.420, 641.029, 641B.040, 641C.130
Reprint 2: 200.471, 200.481, 200.575, 200.730, 202.253, 33.017, 33.018, 41.910, 62C.100, 62E.430, 62E.440, 62E.630, 62E.690, 176.0931, 176.211, 176A.245, 176A.265, 176A.295, 176A.413, 178.483, 178.522, 178.528, 178.760, 209.4247, 209.4871, 209.4889, 211.400, 213.1258, 433.622, 433.730, 433.736, 483.490, 484C.110, 484C.430, 488.410, 488.420, 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