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 and 2 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 tasks that expose the person to comparable danger. Additionally, sections 1 and 2 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 3 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 3 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 25 and 45 of this bill make conforming changes related to the commission of stalking by electronic means under section 3.
Existing law provides that it is unlawful for a person to knowingly and willfully have in his or her possession: (1) any film, photograph or other visual representation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct; or (2) computer-generated child sexual abuse material. (NRS 200.730) Section 4 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 and each child depicted or represented in any computer-generated child sexual abuse material, respectively, constitutes a separate offense.
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 5, 11 and 26 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 5, 11 and 26, however, authorize the court to cancel the compliance hearing under certain circumstances. Sections 6, 12 and 27 of this bill apply certain related definitions in existing law to sections 5, 11 and 26, respectively.
Existing law establishes certain crimes making it unlawful to take or obtain property. (NRS 205.0821-205.295) Section 7 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 13 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 14 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 15 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 16 of this bill makes a conforming change related to the detention of such children under section 15.
Existing law requires a juvenile court to suspend the driver's 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 certain 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 17-20 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 51 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 21-24 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 29 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 28 of this bill makes a conforming change related to the procedures prescribed by section 29.
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 30 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 that employs 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 33 of this bill: (1) authorizes the Director of the Department of Corrections to establish an alternative correctional program; and (2) provides for the qualification and assignment offenders to the alternative correctional program. Section 42 of this bill authorizes an offender participating in an alternative correctional program to waive his or her eligibility for, and release on, parole. Section 43 of this bill establishes provisions related to the effect of such a waiver. Section 44 of this bill requires the State Board of Parole Commissioners to consider the removal of an offender from an alternative correctional program in its determination of whether to release an offender on parole. Sections 32, 35, 36 and 39-41 of this bill establish and revise various provisions concerning the alternative correctional program.
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 34 and 37 of this bill require persons who establish such programs to collaborate with the Department of 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 46 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 46 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 2 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 9 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 46, to establish an appropriate program for the adjudication of offenses punishable as a misdemeanor that occurred within the boundaries of such corridors.
Section 10 of this bill requires a justice court whose jurisdiction includes a corridor established pursuant to section 46 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 Human Services: (1) 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, to develop a statewide plan for allocating the money in the Fund. (NRS 433.732, 433.734) Existing law also prescribes specific requirements concerning the statewide needs assessment. (NRS 433.736) Section 50 of this bill requires the statewide needs assessment to identify 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 49 of this bill makes a conforming change to refer to provisions renumbered by section 50.
Existing law establishes provisions related to peer recovery support services. (NRS 433.622-433.641) Section 47 of this bill requires the Department of Human Services to make available certain information relating to peer recovery support services. Sections 48 and 56-58 of this bill make conforming changes governing the applicability of section 47 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 52 and 54 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 53 and 55 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 53 and 55 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 relating to driving or operating a vehicle or vessel under the influence of alcohol or a controlled substance is subject to an increased penalty.
Sections 59 and 60 make appropriations to the Interim Finance Committee for allocation to the Administrative Office of the Courts and the Department of Corrections, respectively, for the purposes of carrying out the provisions of this bill. Section 61 of this bill makes an appropriation to the Department of Corrections for the purpose of carrying out the provisions of this bill.
Statutes affected: As Introduced: 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, 176.211, 176A.245, 176A.265, 176A.295, 176A.413, 178.483, 178.522, 178.528, 178.760, 209.4247, 209.4871, 209.4889, 211.400, 213.1099, 213.1258, 433.622, 433.730, 433.736, 483.490, 484C.110, 484C.430, 488.410, 488.420, 641.029, 641B.040, 641C.130