[Rev. 1/16/2013 4:32:39 PM]

Link to Page 1200

 

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1201 (Chapter 443, SB 416)ê

 

             (3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.

      (b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      Sec. 90.  NRS 201.300 is hereby amended to read as follows:

      201.300  1.  [Any] A person who:

      (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;

      (b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;

      (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;

      (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having a legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed , for the purpose of sexual intercourse;

      (e) Takes or detains a person with the intent to compel [such] the person by force, threats, menace or duress to marry him or any other person; or

      (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure [any] a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,

is guilty of pandering.

      2.  [Any] A person who is found guilty of pandering shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used upon the person, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of [such] physical force is used, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      3.  This section does not apply to the customer of a prostitute.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1202 (Chapter 443, SB 416)ê

 

      Sec. 91.  NRS 201.310 is hereby amended to read as follows:

      201.310  1.  [Any] A person who by force, fraud, intimidation or threats, places, or procures any other person to place, his spouse in a house of prostitution or compels his spouse to lead a life of prostitution is guilty of pandering and shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used upon the spouse, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of [such] physical force is used, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      2.  Upon the trial of any offense mentioned in this section, either spouse is a competent witness for or against the other spouse, with or without the other’s consent, and may be compelled so to testify.

      Sec. 92.  NRS 201.320 is hereby amended to read as follows:

      201.320  1.  [Any] A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section, is presumptive evidence of lack of consideration.

      Sec. 93.  NRS 201.330 is hereby amended to read as follows:

      201.330  [Any] A person who attempts to detain any other person in a disorderly house or house of prostitution because of any debt or debts the other has contracted, or is said to have contracted, while living in the house, is guilty of pandering and shall be punished:

      1.  Where physical force or the immediate threat of [such] physical force is used upon the person, [by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      2.  Where no physical force or immediate threat of [such] physical force is used, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      Sec. 94.  NRS 201.340 is hereby amended to read as follows:

      201.340  1.  [Any] A person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for [any] a person with the intent to induce, persuade, encourage, inveigle, entice or compel that person to become a prostitute or to continue to engage in prostitution is guilty of pandering, and shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used upon the person, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1203 (Chapter 443, SB 416)ê

 

1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of [such] physical force is used, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Any] for a category D felony as provided in NRS 193.130.

      2.  A person who commits the crime mentioned in this section may be prosecuted, indicted, tried and convicted in any county or city in or through which he transports or attempts to transport the person.

      Sec. 95.  NRS 201.358 is hereby amended to read as follows:

      201.358  1.  [Any] A person who:

      (a) Violates NRS 201.354; or

      (b) Works as a prostitute in a licensed house of prostitution,

after testing positive in a test approved by the state board of health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [20] 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  As used in this section, “notice” means:

      (a) Actual notice; or

      (b) Notice received pursuant to NRS 201.356.

      Sec. 96.  NRS 201.360 is hereby amended to read as follows:

      201.360  1.  [Every] A person who:

      (a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;

      (b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere [any] a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;

      (c) Gives, offers or promises any compensation, gratuity or reward, to procure [any] a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;

      (d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution;

      (e) Lives with or accepts any earnings of a common prostitute, or entices or solicits [any] a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;

      (f) Decoys, entices, procures or in any manner induces [any] a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or

      (g) Decoys, entices, procures or in any manner induces [any] a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1204 (Chapter 443, SB 416)ê

 

purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,

is guilty of a felony.

      2.  [Any] A person who violates the provisions of subsection 1 shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used upon the other person, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of [such] physical force is used, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      Sec. 97.  NRS 201.450 is hereby amended to read as follows:

      201.450  1.  A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison [for life,] :

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served [, or by] ;

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;

      (c) By a fine of not more than $20,000 [, or by] ; or

      (d) By both fine and imprisonment.

      2.  A person convicted of a violation of subsection 1 [shall] must not be granted probation or parole unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person is not a menace to the health, safety or morals of others.

      3.  For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in what would be its ordinary meaning if practiced upon the living.

      Sec. 98.  NRS 202.170 is hereby amended to read as follows:

      202.170  [Every] A person who willfully mingles poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and [every] a person who willfully poisons any spring, well or reservoir of water, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [10] 15 years, or by both fine and imprisonment.

      Sec. 99.  NRS 202.248 is hereby amended to read as follows:

      202.248  1.  Except for use in the treatment of retinal detachment, it is unlawful for [any] a person to:

      (a) Inject any liquid silicone substance into the human body; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1205 (Chapter 443, SB 416)ê

 

      (b) Sell or offer for sale in this state any liquid silicone substance for the purpose of injection into the human body.

      2.  [Any] A person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 100.  NRS 202.255 is hereby amended to read as follows:

      202.255  1.  [Every] A person who sets a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished:

      (a) If no injury results therefrom to any human being, for a gross misdemeanor.

      (b) If injuries not fatal result therefrom to any human being, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the death of a human being results therefrom [, under] :

             (1) Under circumstances not rendering the act murder, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000; [otherwise, the punishment shall be as] or

             (2) Otherwise, for murder [.] which is a category A felony as provided in NRS 200.030.

      2.  Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:

      (a) A loaded spring gun, set gun or other device must not be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and

      (b) Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.

      Sec. 101.  NRS 202.260 is hereby amended to read as follows:

      202.260  1.  [Any] A person who unlawfully possesses, manufactures, or disposes of any explosive or incendiary device with the intent to destroy life or property is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  For the purposes of this section:

      (a) “Dispose of” means give, give away, loan, offer, offer for sale, sell or transfer.

      (b) “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its intended use would cause destruction or injury to life or property.

      3.  Subsection 1 does not prohibit the manufacture, use, possession or disposal of any material, substance or device by those persons engaged in mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1206 (Chapter 443, SB 416)ê

 

mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.

      Sec. 102.  NRS 202.270 is hereby amended to read as follows:

      202.270  1.  [Every] A person who destroys, or attempts to destroy, with dynamite, nitroglycerine, gunpowder or other high explosive, any dwelling house or other building, knowing or having reason to believe that a human being is therein at the time, is guilty of a category A felony and shall be punished by imprisonment [for life] in the state prison [with or] :

      (a) For life without the possibility of parole [,] ;

      (b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (c) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

in the discretion of the jury, or of the court upon a plea of guilty.

      2.  [Any person or persons who conspire] A person who conspires with others to commit the offense described in subsection 1 shall be punished in the same manner.

      Sec. 103.  NRS 202.275 is hereby amended to read as follows:

      202.275  1.  [Any] A person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      2.  For purposes of this section:

      (a) “Short-barreled rifle” means:

             (1) A rifle having one or more barrels less than 16 inches in length; or

             (2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      (b) “Short-barreled shotgun” means:

             (1) A shotgun having one or more barrels less than 18 inches in length; or

             (2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      3.  This section does not prohibit:

      (a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties; or

      (b) The possession of any short-barreled rifle or short-barreled shotgun by [any] a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by [any] a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury.

      Sec. 104.  NRS 202.285 is hereby amended to read as follows:

      202.285  1.  [Any] A person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1207 (Chapter 443, SB 416)ê

 

      (a) If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in NRS 202.287.

      (b) [Otherwise,] If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [or] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.

      Sec. 105.  NRS 202.287 is hereby amended to read as follows:

      202.287  1.  [Any] A person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:

      (a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

      (b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year or] 2 years and a maximum term of not more than [6] 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  The provisions of this section do not apply to:

      (a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010; or

      (b) A peace officer while engaged in the performance of his official duties.

      3.  As used in this section, “motor vehicle” means every vehicle which is self-propelled.

      Sec. 106.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  It is unlawful for [any] a person within this state to:

      (a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sandclub, sandbag or metal knuckles; or

      (b) [Carry] Except as otherwise provided in subsection 4, carry concealed upon his person any:

             (1) Explosive substance, other than ammunition or any components thereof;

             (2) Dirk, dagger or dangerous knife;

             (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

             (4) Knife which is made an integral part of a belt buckle.

      2.  It is unlawful for [any] a person to possess or use a:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1208 (Chapter 443, SB 416)ê

 

      (a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

      (b) Machine gun or a silencer.

      3.  Except as otherwise provided in NRS 202.275 and 212.185, [any] a person who violates any of the provisions of subsection 1 or 2 is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony, and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      4.  The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit, except that no permit may be granted to [any] a person to carry a switchblade knife.

      5.  As used in this section:

      (a) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (b) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (c) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      (d) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.

      (e) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

      Sec. 107.  NRS 202.360 is hereby amended to read as follows:

      202.360  1.  A person who has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and his right to bear arms has been specifically restored, shall not own or have in his possession or under his custody or control any firearm.

      2.  As used in this section, “firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

      3.  [Any] A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1209 (Chapter 443, SB 416)ê

 

      Sec. 108.  NRS 202.380 is hereby amended to read as follows:

      202.380  1.  [Every] A person, other than a convicted person, who within this state knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, is guilty of a gross misdemeanor.

      2.  [Any] A convicted person who owns or has in his possession or under his custody or control any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such a shell, cartridge or bomb, is guilty of a category B felony [.] and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  As used in this section, the term “convicted person” has the meaning ascribed to it in NRS 207.080.

      Sec. 109.  NRS 202.500 is hereby amended to read as follows:

      202.500  1.  As used in this section, a dog is:

      (a) “Dangerous” if:

             (1) It is so declared pursuant to subsection 2; or

             (2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself against substantial bodily harm, when the dog is:

             (I) Off the premises of its owner or keeper; or

             (II) Not confined in a cage, pen or vehicle.

      (b) “Provoked” when it is tormented or subjected to pain.

      (c) “Vicious” if:

             (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or

             (2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in paragraph (a).

      2.  A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.

      3.  A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.

      4.  A person who knowingly:

      (a) Owns or keeps a vicious dog, for more than 7 days after he has actual notice that the dog is vicious; or

      (b) Transfers ownership of a vicious dog after he has actual notice that the dog is vicious,

is guilty of a misdemeanor.

      5.  If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1210 (Chapter 443, SB 416)ê

 

penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.

      6.  This section does not apply to a dog used by a law enforcement officer in the performance of his duty.

      Sec. 110.  NRS 202.780 is hereby amended to read as follows:

      202.780  [Any] A person who transports or receives, or attempts to transport or receive within the state, any explosive with the knowledge or intent that it will be used to kill, injure or intimidate [any] a person or unlawfully to damage or destroy any building, vehicle or real property [:] is guilty of a category B felony and shall be punished:

      1.  If no substantial bodily harm results, [shall be punished] by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 10 years, or by a fine of not less than $2,000 nor more than $10,000, or by both fine and imprisonment.

      2.  If substantial bodily harm results, [shall be punished] by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 20 years, or by a fine of not less than $2,000 nor more than $20,000, or by both fine and imprisonment.

      Sec. 111.  NRS 202.820 is hereby amended to read as follows:

      202.820  1.  [Any] A person who:

      (a) Uses an explosive to commit any felony; or

      (b) Carries an explosive unlawfully during the commission of any felony, is guilty of a separate felony unless the use of an explosive is a necessary element of the other crime.

      2.  A person who commits the offense described in subsection 1 is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      (b) For the second or any subsequent offense, by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 20 years.

      [3.  The court shall not suspend the sentence or grant probation.]

      Sec. 112.  NRS 202.830 is hereby amended to read as follows:

      202.830  [Any] A person who maliciously damages or destroys, or attempts to damage or destroy, by means of an explosive, any building, vehicle or real property in the state:

      1.  If no substantial bodily harm results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 10 years, or by a fine of not less than $2,000 nor more than $10,000, or by both fine and imprisonment.

      2.  If substantial bodily harm results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 20 years, or by a fine of not less than $2,000 nor more than $20,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1211 (Chapter 443, SB 416)ê

 

      Sec. 113.  NRS 202.840 is hereby amended to read as follows:

      202.840  [Any] A person who through the use of the mail, written note, telephone, telegraph, radio broadcast or other means of communication, willfully makes any threat, or maliciously conveys false information knowing it to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure or intimidate any person or unlawfully to damage or destroy any building, vehicle, aircraft or other real or personal property by means of any explosive, bomb, spring trap or mechanism known or commonly thought to be dangerous to human life, limb or safety is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 114.  NRS 203.115 is hereby amended to read as follows:

      203.115  1.  Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means.

      2.  It is unlawful:

      (a) For any person, by word of mouth or writing, to advocate, advise or teach the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means;

      (b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means;

      (c) For any person openly, willfully and deliberately to justify by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with the intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy;

      (d) For any person to organize or help to organize or become a member of or voluntarily to assembly with any society, group or assembly of persons formed to teach or advocate such a doctrine;

      (e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal anarchy as defined in subsection 1; or

      (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room willfully and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.

      3.  [Any] A person who violates the provisions of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1212 (Chapter 443, SB 416)ê

 

      Sec. 115.  NRS 203.117 is hereby amended to read as follows:

      203.117  1.  Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform.

      2.  It is unlawful:

      (a) For any person, by word of mouth or writing, to advocate or teach the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political reform;

      (b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document or written matter in any form, containing or advocating, advertising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism;

      (c) For any person openly, willfully and deliberately to justify, by word of mouth or writing, the commission or the attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with the intent to exemplify, spread or advocate the propriety of the doctrine of criminal syndicalism;

      (d) For any person to organize or help to organize or become a member of, or voluntarily to assemble with, any society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism;

      (e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism as defined in subsection 1; or

      (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, willfully and knowingly to permit therein any assemblage of persons prohibited by the provisions of paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.

      3.  [Any] A person who violates the provisions of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 116.  NRS 204.020 is hereby amended to read as follows:

      204.020  [Every] A public officer or other person who has in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money is entrusted for safekeeping or for transmission to any treasurer or other officer, or other person entitled to receive it, who uses any of the public money for his own private purposes, or for any purpose other than one authorized by law, if the amount unlawfully used is $250 or more, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 117.  NRS 204.030 is hereby amended to read as follows:

      204.030  1.  It is unlawful for any public officer, and any other person receiving money on behalf of, or for or on account of, this state or of any department of the state government or of any bureau or fund created by law in which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district:

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1213 (Chapter 443, SB 416)ê

 

which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district:

      (a) Knowingly to keep any false account, or make any false entry or erasure in any account, of or relating to any money so received by him;

      (b) Fraudulently to alter, falsify, conceal, destroy or obliterate any such account; or

      (c) Willfully to omit or refuse to pay over to the state, its officer or agent authorized by law to receive the money, or to the county, city, town or the school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive it, any money received by him as such an officer when it is a duty imposed upon him by law to pay over and account for the money.

      2.  [Any person violating] A person who violates any of the provisions of subsection 1 shall be punished:

      (a) Where the amount involved is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      (b) Where the amount involved is less than $250, for a misdemeanor.

      Sec. 118.  NRS 204.050 is hereby amended to read as follows:

      204.050  [Every] A state, county, city or town treasurer who willfully misappropriates any money, funds or securities received by or deposited with him as [such a] treasurer, or who is guilty of any other malfeasance or willful neglect of duty in his office, shall be punished:

      1.  Where the amount misappropriated is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Otherwise,] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount misappropriated is less than $250, for a misdemeanor.

      Sec. 119.  NRS 205.010 is hereby amended to read as follows:

      205.010  [Any] A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any:

      1.  Dwelling house or other structure or mobile home, whether occupied or vacant; or

      2.  Personal property which is occupied by one or more persons,

whether the property of himself or of another, is guilty of arson in the first degree which is a category B felony and shall be punished by imprisonment for a minimum term of not less than [1 year nor] 2 years and maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.

      Sec. 120.  NRS 205.015 is hereby amended to read as follows:

      205.015  [Any] A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any abandoned building or structure, whether the property of himself or of another, is guilty of arson in the second degree which is a category B felony and shall be [sentenced to] punished by imprisonment in the state prison for a minimum term of not less than 1 [nor] year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1214 (Chapter 443, SB 416)ê

 

and shall be [sentenced to] punished by imprisonment in the state prison for a minimum term of not less than 1 [nor] year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      Sec. 121.  NRS 205.020 is hereby amended to read as follows:

      205.020  [Any] A person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of:

      1.  Any unoccupied personal property of another which has the value of $25 or more;

      2.  Any unoccupied personal property owned by him in which another person has a legal interest; or

      3.  Any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his own,

is guilty of arson in the third degree which is a category D felony and shall be [sentenced to imprisonment for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] punished as provided in NRS 193.130.

      Sec. 122.  NRS 205.025 is hereby amended to read as follows:

      205.025  1.  [Any] A person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in NRS 205.010, 205.015 and 205.020, or who commits any act preliminary thereto or in furtherance thereof, [shall be] is guilty of arson in the fourth degree which is a category D felony and [be sentenced to imprisonment for not less than 1 year nor more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted,] shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $5,000.

      2.  In any prosecution under this section the placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building or property mentioned in NRS 205.010, 205.015, and 205.020, in an arrangement or preparation eventually to set fire to or burn [such] the building or property, or to procure the setting fire to or burning of [such] the building or property, [shall be] is prima facie evidence of a willful attempt to burn or set on fire [such] the property.

      Sec. 123.  NRS 205.030 is hereby amended to read as follows:

      205.030  [Any] A person who willfully and with the intent to injure or defraud the insurer sets fire to or burns or attempts [so to do,] to set fire to or burn, or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property of whatsoever class or character, whether the property of himself or of another, which is at the time insured by any person, company or corporation against loss or damage by fire, is guilty of a category B felony and shall be [sentenced to] punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. In addition to any other penalty, the court shall order the person to pay restitution.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1215 (Chapter 443, SB 416)ê

 

      Sec. 124.  NRS 205.060 is hereby amended to read as follows:

      205.060  1.  [Every] A person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, is guilty of burglary.

      2.  Except as otherwise provided in this section, [any] a person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. [No] A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling [may] must not be released on probation or granted a suspension of his sentence.

      3.  Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.              4.  A person convicted of burglary who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than [10] 15 years, and may be further punished by a fine of not more than $10,000.

      Sec. 125.  NRS 205.067 is hereby amended to read as follows:

      205.067  1.  [Any] A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.

      2.  [Any] A person convicted of invasion of the home is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. [No] A person who is convicted of invasion of the home and who has previously been convicted of burglary or invasion of the home [may] must not be released on probation or granted a suspension of his sentence.

      3.  Whenever an invasion of the home is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1216 (Chapter 443, SB 416)ê

 

      4.  A person convicted of invasion of the home who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than [10] 15 years, and may be further punished by a fine of not more than $10,000.

      5.  As used in this section:

      (a) “Forcibly enters” means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure.

      (b) “Inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.

      Sec. 126.  NRS 205.075 is hereby amended to read as follows:

      205.075  1.  [Any] A person who, with the intent to commit a crime, breaks and enters, either by day or by night, any building whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of nitroglycerine, dynamite, gunpowder or any other explosive, [shall be deemed] is guilty of burglary with explosives.

      2.  [Any] A person convicted of burglary with explosives is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [20] 15 years.

      Sec. 127.  NRS 205.0835 is hereby amended to read as follows:

      205.0835  Unless a greater penalty is imposed by a specific statute, for the violation of any provision of NRS 205.0821 to 205.0835, inclusive, if the value of the property or services obtained was:

      1.  Greater than or equal to $250, the person who committed the theft is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Less than $250, the person who committed the theft shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      Sec. 128.  NRS 205.090 is hereby amended to read as follows:

      205.090  [Every] A person who falsely makes, alters, forges or counterfeits any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, traveler’s check, money order, due bill for the payment of money or property or for the payment of any labor claim , [or claims,] receipt for money or property, power of attorney, any auditor’s warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim , [or claims,] or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or counterfeits or forges the seal or handwriting of another, with the intent to damage or defraud any person , [or persons,] body politic or corporate, whether the person , [or persons,] body politic or corporate [reside] , resides in or [belong] belongs to this state or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing it to be false, altered, forged or counterfeited with the intent to prejudice, damage or defraud any person , [or persons,] body politic or corporate, whether the person , [or persons,] body politic or corporate, [reside] resides in this state or not, is guilty of forgery, and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1217 (Chapter 443, SB 416)ê

 

claims,] or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or counterfeits or forges the seal or handwriting of another, with the intent to damage or defraud any person , [or persons,] body politic or corporate, whether the person , [or persons,] body politic or corporate [reside] , resides in or [belong] belongs to this state or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing it to be false, altered, forged or counterfeited with the intent to prejudice, damage or defraud any person , [or persons,] body politic or corporate, whether the person , [or persons,] body politic or corporate, [reside] resides in this state or not, is guilty of forgery, and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 129.  NRS 205.120 is hereby amended to read as follows:

      205.120  [Every] A person who is authorized to take a proof or acknowledgment of an instrument which by law may be recorded, who [shall willfully certify] willfully certifies falsely that the execution of [such] the instrument was acknowledged by any party thereto, or that the execution thereof was proved, [shall be] is guilty of a category D felony, and shall be punished [the same as persons who are guilty of forgery.] as provided in NRS 193.130.

      Sec. 130.  NRS 205.130 is hereby amended to read as follows:

      205.130  1.  Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:

      (a) Money;

      (b) Delivery of other valuable property;

      (c) Services;

      (d) The use of property; or

      (e) Credit extended by any licensed gaming establishment,

drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of [such] instruments passed in the state during a period of 90 days, is in the amount of $250 or more, the person is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1218 (Chapter 443, SB 416)ê

 

years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      3.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who willfully issues any check or draft for the payment of wages in excess of $250, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.

      4.  For the purposes of this section, “credit” means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

      Sec. 131.  NRS 205.134 is hereby amended to read as follows:

      205.134  1.  A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

       The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is [punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] guilty of a category D felony and may be punished as provided in NRS 193.130.

 

      2.  The superintendent of the state printing and micrographics division of the department of administration shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on the cost for each copy of the notice which is supplied.

      3.  Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.

      Sec. 132.  NRS 205.160 is hereby amended to read as follows:

      205.160  [Every] A person who has in his possession, or receives from any other person, any forged promissory note, traveler’s check or money order, or bank bill, or bill for the payment of money or property, with the intention to pass it, or to permit, cause, or procure it to be uttered or passed, with the intention to defraud any person , [or persons,] body politic or corporate, whether [such person or persons,] the person, body politic or corporate, [reside] resides in or [belong] belongs to this state or not, knowing it to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note, traveler’s check, money order or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any person, company, partnership or corporation, with the intention to fill up and complete [such] the blank and unfinished note or bill, or to permit, or cause, or procure it to be filled up and completed in order to utter or pass it, or to permit, or cause, or procure it to be uttered and passed to defraud any person , [or persons,] body politic or corporate, whether in this state or elsewhere, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1219 (Chapter 443, SB 416)ê

 

whether [such person or persons,] the person, body politic or corporate, [reside] resides in or [belong] belongs to this state or not, knowing it to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note, traveler’s check, money order or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any person, company, partnership or corporation, with the intention to fill up and complete [such] the blank and unfinished note or bill, or to permit, or cause, or procure it to be filled up and completed in order to utter or pass it, or to permit, or cause, or procure it to be uttered and passed to defraud any person , [or persons,] body politic or corporate, whether in this state or elsewhere, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 133.  NRS 205.175 is hereby amended to read as follows:

      205.175  1.  [Every] A person who:

      (a) Fraudulently forges or counterfeits the seal of this state, or the seal of any court or public officer by law entitled to have and use a seal, or the seal of any corporation, and makes use of the seal;

      (b) Forges or counterfeits the signature of any public officer, or seal of any corporation;

      (c) Unlawfully and corruptly, and with evil intent, affixes a true seal to any commission, deed, warrant, pardon, certificate or other writing; or

      (d) Has in his possession or custody a counterfeit seal, and willfully conceals it, knowing it to be falsely made and counterfeited,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Every] as provided in NRS 193.130.

      2.  A person who manufactures or knowingly sells or possesses a counterfeit badge or identification of any law enforcement agency is guilty of a gross misdemeanor.

      Sec. 134.  NRS 205.180 is hereby amended to read as follows:

      205.180  [Any] A person who counterfeits any kind or species of gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description of uncoined gold or silver currently passing in this state, or alters or puts off any kind of uncoined gold or silver mentioned in this section, for the purpose of defrauding any person , [or persons,] body politic or corporate, or makes any instrument for counterfeiting any kind of uncoined gold or silver as aforesaid, knowing the purpose for which [such] the instrument was made, or knowingly has in his possession and secretly keeps any instrument for the purpose of counterfeiting any kind of uncoined gold or silver as aforesaid, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000 or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1220 (Chapter 443, SB 416)ê

 

      Sec. 135.  NRS 205.185 is hereby amended to read as follows:

      205.185  [Every] A person who has in his possession, or receives for any other person, any counterfeit gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver currently passing in this state, or entering in anywise into the circulating medium of the state, with intention to utter, put off, or pass it, or permit, cause, or procure it to be uttered or passed, with the intention to defraud any person , [or persons,] body politic or corporate, knowing it to be counterfeit, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 136.  NRS 205.217 is hereby amended to read as follows:

      205.217  1.  [Unless exempt under] Except as otherwise provided in subsection 3, it is unlawful for any person, firm, partnership, corporation or association knowingly to:

      (a) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film or article; or

      (b) Sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution or circulation, or cause to be sold, distributed, circulated, offered for sale, distribution or circulation, or possessed for sale, distribution or circulation, any article or device on which sounds have been transferred without the consent of the person who owns the master phonograph record, master disc, master tape or other device or article from which the sounds are derived.

      2.  It is unlawful for any person, firm, partnership, corporation or association to sell, distribute, circulate, offer for sale, distribution or circulation or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless [such] the phonograph record, disc, wire, tape, film or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.

      3.  This section does not apply to any person who transfers or causes to be transferred any [such] sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes or solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer.

      4.  [Every] A person who violates the provisions of this section shall be punished:

      (a) For the first offense, [by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 nor more than 6 years, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      (b) For a subsequent offense, [by a fine of not more than $10,000 or by imprisonment in the state prison for not less than 1 nor more than 10 years, or by both fine and imprisonment.] for a category C felony as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1221 (Chapter 443, SB 416)ê

 

      Sec. 137.  NRS 205.220 is hereby amended to read as follows:

      205.220  Except as otherwise provided in NRS 205.225 and 205.237, [every] a person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $250 or more, or the motor vehicle of another regardless of its value, is guilty of grand larceny [,] which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years and by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 138.  NRS 205.225 is hereby amended to read as follows:

      205.225  1.  [Every] A person who:

      (a) Feloniously steals, takes and carries, leads, drives or entices away:

             (1) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or

             (2) One or more other domestic animals or poultry having an aggregate value of $250 or more,

not his own property but belonging to some other person;

      (b) Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in subparagraph (1) of paragraph (a), not his own property but belonging to some other person, with the intent [thereby] to steal the animal or to prevent the identification [thereof] of the animal by the true owner, or to defraud;

      (c) With the intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in subparagraph (1) of paragraph (a) or having an aggregate value of $250 or more, not his own, whether branded, marked or not; or

      (d) Sells or purchases, with the intent to defraud, the hide or carcass of any animal described in subparagraph (1) of paragraph (a) the brand or mark on which has been cut out or obliterated,

is guilty of grand larceny [,] which is a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years and by a fine of not less than $1,000 for each animal which was involved.] as provided in NRS 193.130.

      2.  All proceeds from any sale made in violation of subsection 1 are subject to forfeiture.

      3.  The court [may] shall order a person convicted pursuant to subsection 1 to make restitution to the victim of his crime for the value of each animal which was involved.

      Sec. 139.  NRS 205.235 is hereby amended to read as follows:

      205.235  [Every] A person who converts any manner of real estate, of the value of $250 or over, into personal property, by severing it from the realty of another, with felonious intent to and so steals, takes and carries it away, is guilty of grand larceny [,] which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1222 (Chapter 443, SB 416)ê

 

punished by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 140.  NRS 205.237 is hereby amended to read as follows:

      205.237  A person who uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which he knows he is not entitled is guilty of grand larceny which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 141.  NRS 205.270 is hereby amended to read as follows:

      205.270  1.  [Every] A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his own use, takes from the person of another, without his consent, any money, property or thing of value, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the money or property was taken has any infirmity caused by age or other physical condition.

      Sec. 142.  NRS 205.2707 is hereby amended to read as follows:

      205.2707  1.  [Every] A person who feloniously steals, takes and carries away money, goods or property of the value of $250 or more from vending machines within a period of 1 week is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  In determining whether the value of the money, property or goods taken is of the value of $250 or more, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the money, goods or property.

      Sec. 143.  NRS 205.273 is hereby amended to read as follows:

      205.273  [Any] A person who, with the intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another, or who has in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as [such] an officer, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year, nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1223 (Chapter 443, SB 416)ê

 

      Sec. 144.  NRS 205.275 is hereby amended to read as follows:

      205.275  1.  [Every] A person who, for his own gain, or to prevent the owner from again possessing his property, buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:

      (a) Knowing that the goods or property were so obtained; or

      (b) Under such circumstances as should have caused a reasonable man to know that the goods or property were so obtained,

is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

      3.  [No] A person convicted of the offense specified in this section [may] must not be condemned to imprisonment in the state prison, unless the value of the thing bought, received, possessed or withheld is $250 or more, but the person shall be punished as provided in cases of petit larceny.

      Sec. 145.  NRS 205.320 is hereby amended to read as follows:

      205.320  [Every] A person who, with the intent [thereby] to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not [such] the purpose is accomplished, threatens directly or indirectly:

      1.  To accuse any person of a crime;

      2.  To [do an injury to any] injure a person or [to any] property;

      3.  To publish or connive at publishing any libel;

      4.  To expose or impute to any person any deformity or disgrace; or

      5.  To expose any secret,

is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 146.  NRS 205.322 is hereby amended to read as follows:

      205.322  [Every] A person who causes a debtor to have a reasonable apprehension that a delay in repaying the debt could result in the use of violence or other criminal means to:

      1.  Harm physically the debtor or any other person; or

      2.  Damage any property belonging to or in the custody of the debtor,

is guilty of extortionate collection of debt which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1224 (Chapter 443, SB 416)ê

 

not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 147.  NRS 205.365 is hereby amended to read as follows:

      205.365  [Any] A person, after once selling, bartering or disposing of any tract of land, town lot, or executing any bond or agreement for the sale of any land or town lot, who again, knowingly and fraudulently, sells, barters or disposes of the same tract of land or lot, or any part thereof, or knowingly and fraudulently executes any bond or agreement to sell [or barter,] , barter or dispose of the same land or lot, or any part thereof, to any other person, for a valuable consideration, shall be punished:

      1.  Where the value of the property [so] involved is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value of the property is less than $250, for a misdemeanor.

      Sec. 148.  NRS 205.370 is hereby amended to read as follows:

      205.370  [Any] A person who, by false representations of his own wealth, or mercantile correspondence and connections, obtains a credit thereby and defrauds any person of money, goods, chattels or any valuable thing, or if [any] a person causes or procures another to report falsely of his wealth or mercantile character, and by thus imposing upon any person obtains credit and thereby fraudulently gets into the possession of goods, wares or merchandise, or other valuable thing, is a swindler, and [shall] must be sentenced to return the property [so] fraudulently obtained, if it can be done, or to pay restitution and shall be punished:

      1.  Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category C felony as provided in NRS 193.130.

      2.  Otherwise, for a misdemeanor.

      Sec. 149.  NRS 205.380 is hereby amended to read as follows:

      205.380  1.  [Every] A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

      (a) If the value of the thing or labor [so] fraudulently obtained was $250 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment . [, and be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.] In addition to any other penalty, the court shall order the person to pay restitution.

      (b) If the value of the thing or labor [so] fraudulently obtained was less than $250, for a misdemeanor, and [shall] must be sentenced to restore the property [so] fraudulently obtained, if it can be done, or tender payment for rent or labor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1225 (Chapter 443, SB 416)ê

 

property [so] fraudulently obtained, if it can be done, or tender payment for rent or labor.

      2.  For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:

      (a) Property which can be returned in the same condition in which it was originally received;

      (b) Rent; or

      (c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

      3.  The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.

      4.  A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank [,] and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

 

       The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

       1.  If the value of the property, rent or labor [so] fraudulently obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

       2.  If the value of the property, rent or labor so fraudulently obtained was less than $250, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

 

The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and micrographics division of the department of administration, who may charge a fee based on the cost for each copy of the notice supplied to any person.

      Sec. 150.  NRS 205.390 is hereby amended to read as follows:

      205.390  [Every] A person who, with the intent to cheat or defraud another, [shall] designedly by color or aid of any false token or writing or other false pretense, representation or presentation [obtain] obtains the signature of any person to a written instrument [,] is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1226 (Chapter 443, SB 416)ê

 

other false pretense, representation or presentation [obtain] obtains the signature of any person to a written instrument [,] is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 151.  NRS 205.415 is hereby amended to read as follows:

      205.415  [Every] A person who sells one or more tickets to any ball, benefit or entertainment, or asks or receives any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being authorized thereto by the person, association or order for whose benefit or pretended benefit it is done, shall be punished:

      1.  Where the amount received from such sales, subscriptions or promises totals $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Otherwise, for a misdemeanor.

      Sec. 152.  NRS 205.435 is hereby amended to read as follows:

      205.435  [Every] An officer, agent or other person in the service of a joint-stock company or corporation, domestic or foreign, who, willfully and knowingly with the intent to defraud:

      1.  Sells, pledges or issues, or causes to be sold, pledged or issued, or signs or executes or causes to be signed or executed, with the intent to sell, pledge or issue, or cause to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of ownership of any share [or shares] of that company or corporation, or any conveyance or encumbrance of real or personal property, contract, bond or evidence of debt, or writing purporting to be a conveyance or encumbrance of real or personal property, contract, bond or evidence of debt of that company or corporation, without being first duly authorized by the company or corporation, or contrary to the charter or laws under which the company or corporation exists, or in excess of the power of the company or corporation, or of the limit imposed by law or otherwise upon its power to create or issue stock or evidence of debt; or

      2.  Reissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificate or other evidence of the transfer of ownership of any such share [or shares,] ,

is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 153.  NRS 205.445 is hereby amended to read as follows:

      205.445  1.  It is unlawful for [any] a person:

      (a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1227 (Chapter 443, SB 416)ê

 

furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

      (b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

      (c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodginghouse, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his baggage therefrom, without paying for his food or accommodations.

      2.  [Any] A person who violates any of the provisions of subsection 1 shall be punished:

      (a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one [such] establishment is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) Otherwise, for a misdemeanor.

      3.  Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that he gave in payment for the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that he absconded without paying or offering to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that he surreptitiously removed or attempted to remove his baggage, [shall be] is prima facie evidence of the fraudulent intent mentioned in this section.

      4.  This section does not apply where there has been an agreement is writing for delay in payment for a period to exceed 10 days.

      Sec. 154.  NRS 205.465 is hereby amended to read as follows:

      205.465  1.  It is unlawful for [any] a person to possess, sell or transfer any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.

      2.  A person who sells or transfers any such document is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. A person who possesses any such document is guilty of a misdemeanor.

      3.  Subsection 1 does not:

      (a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1228 (Chapter 443, SB 416)ê

 

      (b) Prohibit the possession or use of those documents by officers of local police, sheriff and metropolitan police departments and by agents of the investigation division of the department of motor vehicles and public safety while engaged in undercover investigations relating to narcotics or prostitution.

      Sec. 155.  NRS 205.4765 is hereby amended to read as follows:

      205.4765  1.  Except as otherwise provided in subsection 5, a person who knowingly, willingly and without authorization:

      (a) Modifies;

      (b) Damages;

      (c) Destroys;

      (d) Discloses;

      (e) Uses;

      (f) Transfers;

      (g) Conceals;

      (h) Takes;

      (i) Retains possession of;

      (j) Copies;

      (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

      (l) Enters,

data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

      2.  Except as otherwise provided in subsection 5, a person who knowingly, willingly and without authorization:

      (a) Modifies;

      (b) Destroys;

      (c) Uses;

      (d) Takes;

      (e) Damages;

      (f) Transfers;

      (g) Conceals;

      (h) Copies;

      (i) Retains possession of; or

      (j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 5, a person who knowingly, willingly and without authorization:

      (a) Destroys;

      (b) Damages;

      (c) Takes;

      (d) Alters;

      (e) Transfers;

      (f) Discloses;

      (g) Conceals;

      (h) Copies;

      (i) Uses;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1229 (Chapter 443, SB 416)ê

 

      (j) Retains possession of; or

      (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

a computer, system or network is guilty of a misdemeanor.

      4.  Except as otherwise provided in subsection 5, a person who knowingly, willingly and without authorization:

      (a) Obtains and discloses;

      (b) Publishes;

      (c) Transfers; or

      (d) Uses,

a device used to access a computer, network or data is guilty of a misdemeanor.

      5.  If the violation of any provision of this section:

      (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

      (b) Caused damage in excess of $500; or

      (c) Caused an interruption or impairment of a public service, such as a governmental operation, system of public communication or transportation or supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years,] as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 156.  NRS 205.477 is hereby amended to read as follows:

      205.477  1.  Except as otherwise provided in subsection 3, a person who knowingly, willfully and without authorization interferes with, denies or causes the denial of access to or the use of a computer, system or network to a person who has the duty and right to use it is guilty of a misdemeanor.

      2.  Except as otherwise provided in subsection 3, a person who knowingly, willingly and without authorization uses or causes the use of a computer, system or network to:

      (a) Obtain personal information about another person; or

      (b) Enter false information about another person to wrongfully damage or enhance that person’s credit rating,

is guilty of a misdemeanor.

      3.  If the violation of subsection 1 or 2 was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years,] as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 157.  NRS 205.481 is hereby amended to read as follows:

      205.481  A person who knowingly, willfully and without authorization creates, alters or deletes any date contained in any computer, system or network which, if done on a written or printed document or instrument, would constitute forgery pursuant to NRS 205.090 or 205.095, is guilty of forgery which is a category D felony and shall be punished as provided in NRS [205.090.] 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1230 (Chapter 443, SB 416)ê

 

      Sec. 158.  NRS 205.520 is hereby amended to read as follows:

      205.520  A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him, or are not under his control at the time the document is issued, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where [such] the value is less than $250, for a misdemeanor.

      Sec. 159.  NRS 205.540 is hereby amended to read as follows:

      205.540  Except as otherwise provided in chapter 104 of NRS, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncanceled, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value is less than $250, for a misdemeanor.

      Sec. 160.  NRS 205.570 is hereby amended to read as follows:

      205.570  [Every] A person who, with the intent to defraud, obtains a negotiable document of title for goods to which he does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing his want of title or the existence of the security interest, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $250 or more [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value is less than $250, for a misdemeanor.

      Sec. 161.  NRS 205.580 is hereby amended to read as follows:

      205.580  [Every] A person who, with the intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailee’s possession, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1231 (Chapter 443, SB 416)ê

 

193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value is less than $250, for a misdemeanor.

      Sec. 162.  NRS 205.590 is hereby amended to read as follows:

      205.590  [Every] A person who, with the intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee who issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value is less than $250, for a misdemeanor.

      Sec. 163.  NRS 205.690 is hereby amended to read as follows:

      205.690  1.  [Any] A person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Any] as provided in NRS 193.130.

      2.  A person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card with the intent to defraud is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who has in his possession or under his control two or more credit cards issued in the name of another person [or persons] is presumed to have obtained and to possess the credit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards used in the regular course of the possessor’s business or employment or where the possession is with the consent of the cardholder.

      4.  The provisions of this section do not apply to [any] a person employed by or operating a business, including, but not limited to, a credit bureau. collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1232 (Chapter 443, SB 416)ê

 

      5.  For the purposes of this section, “credit card” includes the number or other identifying description of a credit card or credit account.

      Sec. 164.  NRS 205.710 is hereby amended to read as follows:

      205.710  1.  [Any] A person, except the issuer, who sells a credit card or the number or other identifying description of a credit card or credit account, or [any] a person who buys a credit card or the number or other identifying description of a credit card or credit account from a person other than the issuer is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  The provisions of this section do not apply to [any] a person employed by or operating a business, including, but not limited to, a credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

      Sec. 165.  NRS 205.715 is hereby amended to read as follows:

      205.715  1.  It is unlawful for a person to sell, offer to sell, or otherwise make available, without the authority of the lawful holder:

      (a) A number on a telephone calling card;

      (b) A personal identification number for use of a telephone calling card;

      (c) An account number; or

      (d) Any other code or number,

that can be used to obtain telephone service.

      2.  Except [under the circumstances described] as otherwise provided in NRS 205.710, any person violating the provisions of subsections 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 166.  NRS 205.720 is hereby amended to read as follows:

      205.720  [Any] A person who, with the intent to defraud, obtains control over a credit card as security for debt is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 167.  NRS 205.740 is hereby amended to read as follows:

      205.740  1.  A person who, with the intent to defraud, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person, except the purported issuer, who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this section.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1233 (Chapter 443, SB 416)ê

 

      3.  For the purpose of this section:

      (a) A person “falsely makes” a credit card when he alters a validly issued credit card or makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer where the issuer did not authorize the making or drawing.

      (b) A person “falsely embosses” a credit card when, without the authorization of the named issuer, he completes a credit card by adding any matter, except the signature of the cardholder, which the issuer requires to appear on the credit card before the credit card can be used by a cardholder.

      Sec. 168.  NRS 205.750 is hereby amended to read as follows:

      205.750  [Any] A person, except the cardholder or a person authorized by the cardholder, who signs a credit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card transaction with the intent to defraud is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 169.  NRS 205.760 is hereby amended to read as follows:

      205.760  1.  [Any] A person who, with the intent to defraud:

      (a) Uses a credit card to obtain money, goods, property, services or anything of value where the credit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card is forged or is the expired or revoked credit card of another;

      (b) Uses the number or other identifying description of a credit account, customarily evidenced by a credit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or

      (c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where the card has not in fact been issued,

is guilty of a public offense and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Any] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who, with the intent to defraud, uses a credit card to obtain money, goods, property, services or anything of value where the credit card was issued in his name and which he knows is revoked or expired, or when he knows he does not have sufficient money or property with which to pay for the extension of credit, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:

      (a) One hundred dollars or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) Less than $100, for a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1234 (Chapter 443, SB 416)ê

 

      3.  A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.

      Sec. 170.  NRS 205.770 is hereby amended to read as follows:

      205.770  [Any] A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or an agent or employee of [such] the authorized person, who, with the intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card which [such] the person, employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or is forged, expired or revoked is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 171.  NRS 205.780 is hereby amended to read as follows:

      205.780  [Any] A person who is authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card by the cardholder, or an agent or employee of [such] the authorized person, who, with the intent to defraud, misrepresents to the issuer the value of the goods he furnishes or who fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 172.  NRS 205.790 is hereby amended to read as follows:

      205.790  1.  [Any] A person, except the cardholder, who possesses two or more incomplete credit cards with the intent to complete them without the consent of the issuer, or [any] a person who, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards of an issuer who has not consented to the preparation of such credit cards is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  As used in this section, a credit card is “incomplete” if part of the matter, except the signature of the cardholder, required by an issuer to appear on the credit card has not yet been stamped, embossed, imprinted or written on the credit card.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1235 (Chapter 443, SB 416)ê

 

      Sec. 173.  NRS 205.800 is hereby amended to read as follows:

      205.800  1.  [Any] A person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Any] as provided in NRS 193.130.

      2.  A person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company and acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable man to believe he had obtained the ticket in violation of this section is presumed to know that the ticket was acquired in violation of NRS 205.760.

      Sec. 174.  NRS 205.920 is hereby amended to read as follows:

      205.920  1.  It is unlawful for a person to obtain or attempt to obtain telephone or telegraph service with the intent to avoid payment for that service by himself or to avoid payment for that service by any other person, by:

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled , [(] as distinguished from expired , [)] credit card after notice of revocation or cancellation has been given to the holder;

      (c) Using a code, prearranged scheme or other similar device to send or receive information;

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;

      (e) Using any other deception, false token or other means to avoid payment for the service; or

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  If the value of the service involved is $250 or more, [any] a person violating the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. If the value of the service involved is less than $250, [any] a person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1236 (Chapter 443, SB 416)ê

 

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in [Nevada] this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 175.  NRS 205.950 is hereby amended to read as follows:

      205.950  1.  It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless he places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan.

      2.  Advance payments to cover reasonable estimated costs paid to third persons are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.

      3.  [Any] A person who violates the provisions of this section:

      (a) Is guilty of a misdemeanor if the amount is less than $250;

      (b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or

      (c) [Shall] Is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.] as provided in NRS 193.130.

      Sec. 176.  NRS 205.960 is hereby amended to read as follows:

      205.960  1.  It is unlawful for a person to enter into an agreement to act as an intermediary to hold the money of another person pursuant to an exchange of property which is or is purported to be tax free pursuant to 26 U.S.C. § 1031 unless:

      (a) The intermediary is a qualified intermediary as defined in 26 C.F.R. § 1.1031(k)-1(g);

      (b) The money is deposited in a qualified escrow account as defined in 26 C.F.R. § 1.1031(k)-1(g); and

      (c) The money is held in such a manner that it may not be withdrawn from the escrow account without the written approval of the intermediary and the person for whom he is holding the money.

      2.  A person who violates the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      3.  In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the administrator of the [division of] real estate division of the department of business and industry.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1237 (Chapter 443, SB 416)ê

 

      Sec. 177.  NRS 206.260 is hereby amended to read as follows:

      206.260  [Every] A person who fraudulently or maliciously tears, burns, effaces, cuts, or in any other way destroys, with the intent to defraud, prejudice or injure any person or body corporate:

      1.  Any deed, lease, bond, will, or any other sealed writing;

      2.  Any bank bill or note, check, warrant or certificate for the payment of money or other thing, or other security for the payment of money or the delivery of goods;

      3.  Any certificate or other public security of this state, the United States, or any state or territory for the payment of money;

      4.  Any receipt, acquittance, release, defeasance, discharge of any debt, suit or other demand;

      5.  Any transfer or assurance of money, stock, goods, chattels or other property;

      6.  Any letter of attorney or other power;

      7.  Any daybook or other book of account; or

      8.  Any agreement or contract,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 178.  NRS 206.300 is hereby amended to read as follows:

      206.300  [Every] A person who, in such a manner as might, if not discovered, endanger a vessel, railway engine, motor, train or car, shows, masks, extinguishes, alters or removes any light or signal, or exhibits any false light or signal, shall be punished:

      1.  Where physical injury or property damage results therefrom, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  Otherwise, for a gross misdemeanor.

      Sec. 179.  Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 180 and 181 of this act.

      Sec. 180.  1.  A person who:

      (a) Has been convicted in this state of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,

is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1238 (Chapter 443, SB 416)ê

 

constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.

      Sec. 181.  1.  A conviction under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session operates only to increase, not to reduce the sentence otherwise provided by law for the principal crime.

      2.  If a court under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.

      3.  If a defendant charged under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. The court shall impose sentence:

      (a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

      (b) Under section 180 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or

      (c) Under section 2 of Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

      4.  Nothing in the provisions of this section, NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session, limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

      5.  For the purposes of NRS 207.010, section 180 of this act and section 2 of Assembly Bill No. 570 of this session, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      Sec. 182.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Unless the person is prosecuted pursuant to section 180 of this act or section 2 of Assembly Bill No. 570 of this [act,] session, a person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who [has] :

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1239 (Chapter 443, SB 416)ê

 

convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who [has] :

      (a) Has previously been [twice] two times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than [10 years nor] 5 years and a maximum term of not more than 20 years.

      [2.  Unless the person is prosecuted pursuant to section 2 of this act, a person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has]

      (b) Has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or the intent to defraud is an element, is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison [for life with or] :

             (1) For life without the possibility of parole [. If the penalty fixed by the court is life imprisonment] ;

             (2) For life with the possibility of parole, with eligibility for parole [begins] beginning when a minimum of 10 years has been served [.

      3.] ; or

            (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  It is within the discretion of the prosecuting attorney whether [or not] to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.

      Sec. 183.  NRS 207.190 is hereby amended to read as follows:

      207.190  1.  It is unlawful for [any] a person, with the intent to compel another to do or abstain from doing an act which [such] the other person has a right to do or abstain from doing, to:

      (a) Use violence or inflict injury upon [such] the other person or any of his family, or upon his property, or threaten such violence or injury;

      (b) Deprive [such] the person of any tool, implement or clothing, or hinder him in the use thereof; or

      (c) Attempt to intimidate [such] the person by threats or force.

      2.  [Any] A person who violates the provisions of subsection 1 shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no physical force or immediate threat of [such] physical force is used, for a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1240 (Chapter 443, SB 416)ê

 

      Sec. 184.  NRS 207.195 is hereby amended to read as follows:

      207.195  1.  If a monetary instrument represents the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for [any] a person, having knowledge of that fact:

      (a) To conduct or attempt to conduct a financial transaction involving the instrument:

             (1) With the intent to further any unlawful activity;

             (2) With the knowledge that the transaction conceals the location, source, ownership or control of the instrument; or

             (3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.

      (b) To transport or attempt to transport the monetary instrument:

             (1) With the intent to further any unlawful activity;

             (2) With the knowledge that the transportation conceals the location, source, ownership or control of any proceeds derived from unlawful activity; or

             (3) With the knowledge that the transportation evades any provision of federal or state law that requires the reporting of a financial transaction.

      2.  [Any] A person who violates any provision of subsection 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      3.  Each violation of subsection 1 involving one or more monetary instruments totaling $10,000 or more shall be deemed a separate offense.

      4.  As used in this section:

      (a) “Financial transaction” means any purchase, sale, loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving a monetary instrument. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.

      (b) “Monetary instrument” includes any coin or currency of the United States or any other country, any traveler’s check, personal check, money order, bank check, cashier’s check, stock, bond, precious metal, precious stone or gem or any negotiable instrument to which title passes upon delivery. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.

      (c) “Unlawful activity” includes any crime related to racketeering as defined in NRS 207.360 or any offense punishable as a felony pursuant to state or federal statute. The term does not include any procedural error in the acceptance of a credit instrument, as defined in NRS 463.01467, by a person who holds a nonrestricted gaming license.

      Sec. 185.  NRS 207.260 is hereby amended to read as follows:

      207.260  [Any] A person who annoys or molests [any] a minor is guilty of a misdemeanor. For the second and each subsequent offense he is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 186.  NRS 207.290 is hereby amended to read as follows:

      207.290  [Every] A person who:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1241 (Chapter 443, SB 416)ê

 

      1.  Gives, offers or promises to give, or attempts to give or offer, any compensation, gratuity or thing of value, or any promise thereof, to any participant or player or any judge, referee, manager or other official of a sporting event or contest; or

      2.  Asks or receives or offers to receive directly or indirectly any compensation, gratuity, reward or thing of value or any promise thereof, as a participant or player, or as a judge, referee, manager or other official of a sporting event or contest,

with the intention, understanding or agreement that the player or participant or judge, referee, manager or other official of the sporting event will not use his best efforts to win, or will so conduct himself as to limit his or his team’s margin of victory, or will corruptly judge, referee, manage or otherwise officiate the sporting event or contest with the intention or purpose that the result of the sporting event will be affected thereby, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.] as provided in NRS 193.130.

      Sec. 187.  NRS 207.340 is hereby amended to read as follows:

      207.340  1.  As used in this section, unless the context otherwise requires:

      (a) [“Authorization to purchase” means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.

      (b)] “Act” means the Food Stamp Act of 1964 (7 U.S.C. §§ 2011, et seq.) and regulations promulgated thereunder.

      (b) “Authorization to purchase” means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.

      (c) “Coupon” means a food stamp issued by the United States Department of Agriculture as provided in the Act.

      2.  [Any] A person who knowingly uses, transfers, acquires, alters or possesses coupons or authorizations to purchase and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons or authorizations to purchase which are received, transferred or used in a manner not authorized by the Act, shall be punished:

      (a) For a misdemeanor, if the value of the coupons or authorizations to purchase is less than $250.

      (b) If the value of the coupons or authorizations to purchase is $250 or more, for a category E felony [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the amount of the value so obtained, if it can be done.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  [Any] A district attorney or the attorney general may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.

      Sec. 188.  NRS 207.400 is hereby amended to read as follows:

      207.400  1.  It is unlawful for [any] a person:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1242 (Chapter 443, SB 416)ê

 

      (a) Who has with criminal intent received any proceeds derived, directly or indirectly, from racketeering activity to use or invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of:

             (1) Any title to or any right, interest or equity in real property; or

             (2) Any interest in or the establishment or operation of any enterprise.

      (b) Through racketeering activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.

      (c) Who is employed by or associated with any enterprise to conduct or participate, directly or indirectly, in:

             (1) The affairs of the enterprise through racketeering activity; or

             (2) Racketeering activity through the affairs of the enterprise.

      (d) Intentionally to organize, manage, direct, supervise or finance a criminal syndicate.

      (e) Knowingly to incite or induce others to engage in violence or intimidation to promote or further the criminal objectives of the criminal syndicate.

      (f) To furnish advice, assistance or direction in the conduct, financing or management of the affairs of the criminal syndicate with the intent to promote or further the criminal objectives of the syndicate.

      (g) Intentionally to promote or further the criminal objectives of a criminal syndicate by inducing the commission of an act or the omission of an act by a public officer or employee which violates his official duty.

      (h) To conspire to violate any of the provisions of this section.

      2.  [Any] A person who violates this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years [nor] and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $25,000.

      Sec. 189.  NRS 90.650 is hereby amended to read as follows:

      90.650  1.  A person who willfully violates a provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made [to be] is false or misleading in any material respect, or who willfully violates a regulation adopted pursuant to this chapter, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years,] as provided in NRS 193.130, or by a fine of not more than $20,000, or by both fine and [imprisonment,] the punishment provided in NRS 193.130, for each violation. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who willfully violates an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator under this chapter is guilty of a misdemeanor.

      3.  A person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.

      4.  Nothing in this chapter limits the power of the state to punish a person for conduct which constitutes a crime under other law.

      Sec. 190.  NRS 91.340 is hereby amended to read as follows:

      91.340  1.  Except as otherwise provided in subsection 2, [any] a person who willfully violates:

      (a) Any provision of this chapter; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1243 (Chapter 443, SB 416)ê

 

      (b) Any regulation or order of the administrator under this chapter,

is guilty of a category C felony and shall [, upon conviction,] be punished as provided in NRS 193.130, or by a fine of not more than $20,000 , [or by imprisonment in the state prison for not less than 1 year nor more than 6 years,] or by both fine and [imprisonment,] the punishment provided in NRS 193.130, for each violation. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  [Any] A person convicted of violating a regulation or order under this chapter may be fined, but [may] must not be imprisoned, if the person proves he had no knowledge of the regulation or order.

      3.  The administrator may refer such evidence as is available concerning violations of this chapter or any regulation or order of the administrator to the attorney general or the proper district attorney, who may, with or without such a reference from the administrator, institute the appropriate criminal proceeding under this chapter.

      Sec. 191.  NRS 119.330 is hereby amended to read as follows:

      119.330  1.  Except as otherwise provided in subsection 2, [any] a person violating a provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.

      2.  [Any] A person who:

      (a) Sells or attempts to sell in this state any subdivision or any lot, parcel, unit or interest in any subdivision by means of intentional misrepresentation, deceit or fraud; or

      (b) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud,

is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000 for each offense, or by both fine and imprisonment.

      3.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  An officer or agent of a corporation, or member or agent of a copartnership or association, who personally participates in or is an accessory to any violation of this chapter by [such] the copartnership, association or corporation, is subject to the penalties prescribed for natural persons in this section.

      4.  This section does not release any person, corporation, association or copartnership from civil liability or criminal prosecution under any other law of this state.

      5.  Upon conviction the court may revoke the license of the person so convicted, in addition to imposing the other penalties provided in this section.

      Sec. 192.  NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining the custody of a minor child in an action brought under this chapter, the court may:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1244 (Chapter 443, SB 416)ê

 

The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

 

      PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY [BY UP TO 6 YEARS IN PRISON.] AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

 

      6.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.

      Sec. 193.  NRS 127.288 is hereby amended to read as follows:

      127.288  [Any] A person who violates the provisions of:

      1.  Subsection 1 of NRS 127.287 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  Subsection 2 of NRS 127.287 is guilty of a gross misdemeanor.

      Sec. 194.  NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as otherwise provided in NRS 127.275, 127.285 and 200.465, a person who, without holding a valid license to operate a child-placing agency issued by the division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1245 (Chapter 443, SB 416)ê

 

placing agency issued by the division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  The natural parents and the adopting parents are not accomplices for the purpose of this section.

      Sec. 195.  NRS 173.095 is hereby amended to read as follows:

      173.095  1.  The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

      2.  If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the prosecuting attorney may file a notice of habitual criminality with the court. If an indictment is found charging a primary offense upon which a charge of [habitually] :

      (a) Habitually fraudulent felon may be based, the prosecuting attorney shall file a notice of habitually fraudulent felon with the court.

      (b) Habitual felon may be based, the prosecuting attorney shall file a notice of habitual felon with the court.

      3.  The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.

      Sec. 196.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 197 to 204, inclusive, of this act.

      Sec. 197.  1.  Whenever a person other than an indigent person has been found guilty of a category C, D or E felony upon verdict or plea, and the court has determined that the person is eligible for probation pursuant to NRS 176.185, the court may order the person to participate in a program of probation secured by a surety bond if the court first determines that the person has the financial ability to post such a surety bond.

      2.  If the court orders the person to participate in a program of probation secured by a surety bond, the person shall execute a bond for his participation. The court shall require one or more sureties for the bond.

      3.  The court shall set the surety bond in an amount which, in the judgment of the court, will reasonable ensure the participation of the person in the program of probation.

      4.  A surety bond securing participation in a program of probation must:

      (a) Be issued in favor of and payable to the State of Nevada;

      (b) Extend for a period of 1 year;

      (c) Be renewable annually; and

      (d) Ensure the full compliance of the person in the program of probation will all the conditions of probation set by the court.

      Sec. 198.  1.  The court shall set the conditions of a program of probation secured by a surety bond. The conditions must be appended to and made part of the bond. The conditions may include, but are not limited to, any one or more of the following:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1246 (Chapter 443, SB 416)ê

 

      (a) Submission to periodic tests to determine whether the probationer is using any controlled substance or alcohol.

      (b) Participation in a program for the treatment of the abuse of a controlled substance or alcohol or a program for the treatment of any other impairment.

      (c) Participation in a program of professional counseling, including, but not limited to, counseling for the family of the probationer.

      (d) Restrictions or a prohibition on contract or communication with witnesses or victims of the crime committed by the probationer.

      (e) A requirement to obtain and keep employment.

      (f) Submission to a program of intensive supervision.

      (g) Restrictions on travel by the probationer outside the jurisdiction of the court.

      (h) Payment of restitution.

      (i) Payment of fines and court costs.

      (j) Supervised work for the benefit of the community.

      (k) Participation in educational courses.

      2.  A surety shall:

      (a) Provide the facilities or equipment necessary to:

             (1) Perform tests to determine whether the probationer is using any controlled substance or alcohol, if the court requires such tests as a condition of probation;

             (2) Carry out a program of intensive supervision, if the court requires such a program as a condition of probation; and

             (3) Enable the probationer to report regularly to the surety.

      (b) Notify the court within 24 hours after the surety has knowledge of a violation of or a failure to fulfill a condition of the program of probation.

      3.  A probationer participating in a program of probation secured by a surety bond shall:

      (a) Report regularly to the surety; and

      (b) Pay the fee charged by the surety for the execution of the bond.

      Sec. 199.  1.  If a surety fails to:

      (a) Provide the facilities or equipment required by paragraph (a) of subsection 2 of section 198 of this act; or

      (b) Notify the court pursuant to paragraph (b) of subsection 2 of section 198 of this act of a violation of or a failure to fulfill a condition of a program of probation by a probationer,

the surety shall pay a penalty of $15,000 to the court in addition to any other penalty imposed by law.

      2.  If the probationer violates or fails to fulfill a condition of the surety bond, the court shall:

      (a) Declare a forfeiture of the surety bond;

      (b) Direct that the surety be given notice by certified mail that the probationer has violated or failed to fulfill a condition of probation and shall execute an affidavit of such mailing to be kept as an official public record of the court;

      (c) Revoke the program of probation; and

      (d) Issue a warrant for violating or failing to fulfill a condition of probation and cause the defendant to be arrested.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1247 (Chapter 443, SB 416)ê

 

      Sec. 200.  The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:

      1.  The probationer appears before the court and the court, upon hearing the matter, determines that the violation or failure of the probationer to fulfill the condition of probation was:

      (a) Caused by circumstances beyond his control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and

      (b) Not in any way caused or aided by the surety; or

      2.  The surety submits an application for exoneration or an application to set the forfeiture aside on the ground that the probationer is unable to appear because:

      (a) He is dead;

      (b) He is ill;

      (c) He is insane; or

      (d) He is being detained by civil or military authorities,

and the court, upon hearing the matter, determines that the requirements of paragraphs (a) and (b) of subsection 1 have been met and that the surety did not in any way cause or aid the absence of the probationer from the hearing.

      Sec. 201.  1.  If the surety is not exonerated and the forfeiture of the surety bond is not set aside:

      (a) The court shall enter a judgment of default and execution may issue thereon; and

      (b) The surety shall pay a penalty for the revocation of the program of probation to the court in an amount equal to one-half of the annual fee for the bond that the surety charged the probationer.

      2.  By entering into a bond the surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as its agent upon whom any papers affecting its liability may be served. The liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall mail copies to the surety to its last known address.

      3.  After entry of a judgment of default, the court shall not remit it in whole or in part unless the conditions applying to exonerating the surety and setting aside the forfeiture of the surety bond set forth in section 200 of this act are met.

      Sec. 202.  When the conditions of a surety bond securing participation in a program of probation have been satisfied or a forfeiture of a bond has been set aside or remitted, the court shall discharge the surety and release the bond.

      Sec. 203.  For the purpose of surrendering a probationer, a surety, at any time before it is finally discharged, and at any place within the state, may arrest the probationer or, by a written authority endorsed on a certified copy of the undertaking, may empower a person of suitable age and discretion to do so.

      Sec. 204.  Money collected pursuant to sections 197 to 204, inclusive, of this act must be paid to the state treasurer for deposit in the state general fund.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1248 (Chapter 443, SB 416)ê

 

      Sec. 205.  NRS 176.033 is hereby amended to read as follows:

      176.033  1.  If a sentence of imprisonment is required or permitted by statute, the court shall:

      (a) [Sentence the defendant] If sentencing a person who has been found guilty of a misdemeanor or a gross misdemeanor, sentence the person to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant . [; and]

      (b) If sentencing a person who has been found guilty of a felony, sentence the person to a minimum term and a maximum term of imprisonment, unless a definite term of imprisonment is required by statute.

      (c) If restitution is appropriate, set an amount of restitution for each victim of the offense and for expenses related to extradition in accordance with NRS 179.225.

      2.  At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the state board of parole commissioners, upon the recommendation of the division, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the maximum term of imprisonment but shall not make the term less than the minimum [limit] term prescribed by the applicable penal statute.

      Sec. 206.  NRS 176.145 is hereby amended to read as follows:

      176.145  1.  The report of the presentence investigation must contain:

      (a) Any prior criminal record of the defendant;

      (b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

      (c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of [such] the information to be included in the report is solely at the discretion of the division;

      (d) Information concerning whether [he] the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

      (e) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1249 (Chapter 443, SB 416)ê

 

      (f) A recommendation of a [definite] minimum term and a maximum term of [confinement or an amount of] imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

      (g) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and

      (h) Such other information as may be required by the court.

      2.  The division may include in the report such additional information [, without limitation,] as it believes will be helpful in imposing a sentence, in granting probation or in correctional treatment.

      Sec. 207.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive, [and] section 1 of Senate Bill No. 61 of this [act:] session and sections 197 to 204, inclusive, of this act:

      1.  “Board” means the state board of parole commissioners.

      2.  “Court” means a district court of the State of Nevada.

      3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.

      5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the [state board of parole commissioners] board or chief parole and probation officer.

      6.  “Surety bond” means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.

      Sec. 208.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever [any person has been] a person is found guilty in a district court of a crime upon verdict or plea, [the court,] except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the [defendant] person is found to be a habitual criminal pursuant to NRS 207.010 , [or] a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this [act, may by its order] session or a habitual felon pursuant to section 180 of this act, the court:

      (a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the [convicted] person pursuant to NRS 193.130; or

      (b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the [judge thereof] court deems advisable.

      2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of this act.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1250 (Chapter 443, SB 416)ê

 

program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of this act.

      3.  The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      [2.] 4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      [3.  The district judge]

      5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the [judge] court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      [4.] 6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 209.  NRS 176.1853 is hereby amended to read as follows:

      176.1853  1.  In issuing an order granting probation, the court may fix the terms and conditions thereof, including , without limitation, a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.

      2.  In issuing an order granting probation to a person who is found guilty of a category C, D or E felony, the court may require the person as a condition of probation to participate in and complete to the satisfaction of the court any alternative program, treatment or activity deemed appropriate by the court.

      3.  The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      [3.] 4.  In placing any defendant on probation or in granting [any] a defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.

      Sec. 210.  NRS 176.1857 is hereby amended to read as follows:

      176.1857  The court shall, upon the entering of an order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, [and] section 1 of Senate Bill No. 61 of this [act,] session and sections 197 to 204, inclusive, of this act, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1251 (Chapter 443, SB 416)ê

 

      Sec. 211.  NRS 176.198 is hereby amended to read as follows:

      176.198  1.  The chief parole and probation officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection [2] 4 of NRS 176.185.

      2.  The program of intensive supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the division. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities while inside his residence,

must not be used.

      Sec. 212.  NRS 176.205 is hereby amended to read as follows:

      176.205  [By]

      1.  Except as otherwise provided in subsection 2, by order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the director of the department of prisons if the probationer is under the supervision of the director pursuant to NRS 176.2248.

      2.  If the probationer is participating in a program of probation secured by a surety bond, the court shall not impose or modify the conditions of probation unless the court notifies the surety and:

      (a) Causes the original bond to be revoked and requires a new bond to which the original and the new conditions are appended and made part; or

      (b) Requires an additional bond to which the new conditions are appended and made part.

      Sec. 213.  NRS 176.219 is hereby amended to read as follows:

      176.219  1.  The chief parole and probation officer may order the residential confinement of a probationer if he believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.

      2.  In ordering the residential confinement of a probationer, the chief parole and probation officer shall:

      (a) Require the probationer to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and

      (b) Require intensive supervision of the probationer, including , without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers’ presence at his residence, including the transmission of still visual images which do not concern the probationer’s activities while inside his residence.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1252 (Chapter 443, SB 416)ê

 

transmitting information concerning the probationers’ presence at his residence, including the transmission of still visual images which do not concern the probationer’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities while inside his residence,

must not be used.

      4.  The chief parole and probation officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the [probationer’s] original sentence.

      Sec. 214.  (Deleted by amendment.)

      Sec. 215.  NRS 176.2231 is hereby amended to read as follows:

      176.2231  1.  If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.

      2.  In ordering the person to a term of residential confinement, the court shall:

      (a) Direct that he be placed under the supervision of the division;

      (b) Require the person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and

      (c) Require intensive supervision of the person, including , without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s presence at his residence, including, but not limited to the transmission of still visual images which do not concern the person’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the person’s activities while inside his residence,

must not be used.

      4.  The court shall not order a person to a term of residential confinement unless he agrees to the order.

      5.  A term of residential confinement may not be longer than the maximum term of a sentence imposed by the court.

      Sec. 216.  NRS 176.325 is hereby amended to read as follows:

      176.325  1.  When a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified copies of the entry thereof in the minutes, attested by the clerk under the seal of the court, must forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1253 (Chapter 443, SB 416)ê

 

be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.

      2.  The judgment of imprisonment must include:

      (a) The plea;

      (b) The verdict or finding;

      (c) The adjudication and sentence, including the date of the sentence, the minimum term and maximum term of imprisonment [,] or the definite term of imprisonment, if one is provided by statute, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and

      (d) The exact amount of credit granted for time spent in confinement before conviction, if any.

      Sec. 217.  NRS 209.429 is hereby amended to read as follows:

      209.429  1.  The director may, at the request of an offender who has:

      (a) Established a position of employment in the community; and

      (b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence.

      2.  Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:

      (a) He will comply with the terms or conditions of his residential confinement; and

      (b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

      3.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits [for good behavior] earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding [such a] forfeiture of credits is final.

      4.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1254 (Chapter 443, SB 416)ê

 

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

      5.  [No person has] A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 218.  NRS 209.448 is hereby amended to read as follows:

      209.448  1.  An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of not more than 30 days from the [length of his remaining] maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

      2.  The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

      Sec. 219.  NRS 209.449 is hereby amended to read as follows:

      209.449  An offender who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30 days from the [length of his remaining] maximum term of his sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.

      Sec. 220.  NRS 210.280 is hereby amended to read as follows:

      210.280 [Any] A person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling him to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by [such] the person to facilitate [such] the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 221.  NRS 210.710 is hereby amended to read as follows:

      210.710  [Any] A person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling him to elude pursuit, shall be punished:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1255 (Chapter 443, SB 416)ê

 

      1.  Where a dangerous weapon is used by [such] the person to facilitate [such] the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 222.  NRS 212.020 is hereby amended to read as follows:

      212.020  1.  [Every] A jailer or person who [shall be] is guilty of willful inhumanity or oppression to any prisoner under his care or custody shall be punished:

      (a) Where the prisoner suffers substantial bodily harm from [such] the inhumanity or oppression, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      (b) Where no substantial bodily harm results, for a gross misdemeanor.

      2.  Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of [such] willful inhumanity is guilty of a malfeasance in office.

      Sec. 223.  NRS 212.090 is hereby amended to read as follows:

      212.090  [Every] A prisoner confined in a prison, or being in the lawful custody of an officer or other person, who escapes or attempts to escape from [such] prison or custody, if he is held on a charge, conviction or sentence of:

      1.  A felony, shall be punished:

      (a) Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $20,000. The sentence imposed pursuant to this paragraph [shall] must run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.

      (b) Where none of the aggravating factors specified in paragraph (a) [is] are present, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  A gross misdemeanor or misdemeanor, shall be punished:

      (a) Where a dangerous weapon is used to facilitate [such] the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 224.  NRS 212.095 is hereby amended to read as follows:

      212.095  1.  Any unauthorized absence from the place of assignment by an offender who is on temporary furlough, participating in a work or educational release program or otherwise in a classification assignment under the provisions of chapter 209 of NRS, constitutes an escape from prison [,] which is a category B felony and the offender shall be punished as provided in NRS 212.090.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1256 (Chapter 443, SB 416)ê

 

which is a category B felony and the offender shall be punished as provided in NRS 212.090.

      2.  This section does not apply to offenders released on parole.

      Sec. 225.  NRS 212.100 is hereby amended to read as follows:

      212.100  [Every] A person who, with the intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, conveys or sends to a prisoner any information or aid, or conveys or sends into a prison any disguise, instrument, weapon or other thing, or aids or assists a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, shall be punished if [such] the prisoner is held upon a charge, arrest, commitment, conviction or a sentence:

      1.  For a felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  For a gross misdemeanor or misdemeanor:

      (a) Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 226.  NRS 212.110 is hereby amended to read as follows:

      212.110  [Every] A person who willfully allows a prisoner lawfully in his custody to escape, or connives at or assists such an escape, or willfully omits any act or duty by reason of which [omission such] an escape is occasioned, contributed to or assisted, is guilty of a category B felony and shall, if he connives at or assists [such] the escape, be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000 , [;] and in any other case, is guilty of a gross misdemeanor.

      Sec. 227.  NRS 212.120 is hereby amended to read as follows:

      212.120  [Every] An officer who asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, to procure, assist, connive at or permit any prisoner in his custody to escape, whether [such] the escape is attempted or not, or [shall commit] commits any unlawful act tending to hinder justice, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000.

      Sec. 228.  NRS 212.130 is hereby amended to read as follows:

      212.130  [Every] A person who knowingly conceals, or harbors for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be punished, according to the charge or conviction or sentence upon which [such] the prisoner was held:

      1.  [By imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000, if such] For a category C felony as provided in NRS 193.130, if the prisoner was held for a felony.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1257 (Chapter 443, SB 416)ê

 

$10,000, if such] For a category C felony as provided in NRS 193.130, if the prisoner was held for a felony.

      2.  For a gross misdemeanor, if [such] the prisoner was held for a gross misdemeanor.

      3.  For a misdemeanor, if [such] the prisoner was held for a misdemeanor.

      Sec. 229.  NRS 212.160 is hereby amended to read as follows:

      212.160  1.  [Any] A person, who is not authorized by law, who knowingly furnishes, attempts to furnish, or aids or assists in furnishing or attempting to furnish to [any] a prisoner confined in an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the director of the department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance or intoxicating liquor, shall be punished:

      (a) Where a deadly weapon, controlled substance explosive or a facsimile of a firearm or explosive is involved, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where an intoxicant is involved, for a gross misdemeanor.

      2.  Knowingly leaving or causing to be left any deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or intoxicating liquor where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.

      3.  A prisoner confined in an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the director of the department, who possesses a controlled substance without lawful authorization is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 230.  NRS 212.185 is hereby amended to read as follows:

      212.185  1.  [Any] A person who is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this state, or is transferred for medical or psychiatric treatment at another institution, or is in transit to or from such facility, or is in the legal custody of any correctional officer or employee, and who possesses or has in his custody or control any:

      (a) Instrument or weapon of the kind commonly known as a blackjack, slung shot, billy, sand-club, sandbag or metal knuckles;

      (b) Explosive substance, including fixed ammunition, or any incendiary or explosive device;

      (c) Dirk, dagger, switchblade knife or sharp instrument;

      (d) Pistol, revolver or other firearm;

      (e) Facsimile of a firearm or an explosive;

      (f) Device capable of propelling a projectile with sufficient force to cause bodily harm, including , but not limited to , a pellet gun, slingshot, blowgun, crossbow or bow and arrow; or

      (g) Other similar weapon, instrument or device,

is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1258 (Chapter 443, SB 416)ê

 

      2.  For the purposes of this section, incarceration begins upon assignment to a cell or other place within the correctional facility after completion of the initial booking procedure.

      Sec. 231.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person is convicted of murder of the first degree before, on or after July 1, 1995, the board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

to a sentence that would allow parole.

      2.  If a person is convicted of any crime other than murder of the first degree on or after July 1, 1995, the board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

to a sentence that would allow parole.

      Sec. 232.  NRS 213.005 is hereby amended to read as follows:

      213.005  As used in NRS 213.010 to 213.100, inclusive, and section 231 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of pardons commissioners.

      2.  “Victim” includes:

      (a) A person against whom a crime has been committed;

      (b) A person who has been injured or killed as a direct result of the commission of a crime; or

      (c) The surviving spouse, parents or children of such a person.

      Sec. 233.  NRS 213.1085 is hereby amended to read as follows:

      213.1085  1.  The board shall appoint an executive secretary, who [shall be] is in the unclassified service of the state.

      2.  The executive secretary [shall] must be selected on the basis of his training, experience, capacity and interest in correctional services.

      3.  The board shall supervise the activities of the executive secretary.

      4.  The executive secretary [shall be] is the secretary of the board and shall perform such duties in connection therewith as the board may require, including , but not limited to , preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

      5.  The executive secretary shall prepare a list at least 30 days before any scheduled action by the board showing each person then eligible for parole indicating:

      (a) The name of the prisoner;

      (b) The crime for which he was convicted;

      (c) The county in which he was sentenced;

      (d) The date of the sentence;

      (e) The length of the sentence [;] , including the minimum term and maximum term of imprisonment or the definite term of imprisonment, if one is imposed;

      (f) The amount of time actually served in the state prison;

      (g) The amount of credit for time previously served in a county jail; and


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1259 (Chapter 443, SB 416)ê

 

      (h) The amount of credit allowed [for good behavior.] to reduce his sentence pursuant to chapter 209 of NRS.

The executive secretary shall send copies to all law enforcement agencies in [Nevada] this state and to other persons whom he deems appropriate, at least 30 days before any scheduled action by the board.

      Sec. 234.  NRS 212.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole [under] pursuant to NRS 213.107 to 213.160, inclusive, and section 5 of Senate Bill No. 61 of this [act.] session.

      2.  In determining whether to release a prisoner on parole, the board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner; and

      (d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief parole and probation officer.

      3.  When a person is convicted of [any] a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any [good time or other] credits earned [against the term.] to reduce his sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he [has no] does not have a history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      Sec. 235.  NRS 213.120 is hereby amended to read as follows:

      213.120  1.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, may be paroled when he has served one-third of the definite period of time for which he has been sentenced pursuant to NRS 176.033, less [good time credits.] any credits earned to reduce his sentence pursuant to chapter 209 of NRS.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1260 (Chapter 443, SB 416)ê

 

      2.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, may be paroled when he has served the minimum term of imprisonment imposed by the court. Any credits earned to reduce his sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term of imprisonment may reduce only the maximum term of imprisonment imposed and must not reduce the minimum term of imprisonment.

      Sec. 236.  NRS 213.1215 is hereby amended to read as follows:

      213.1215  1.  Except as otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

he must be released on parole 12 months before the end of his maximum term, as reduced by any credits he has earned [against his sentence.] to reduce his sentence pursuant to chapter 209 of NRS. The board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.

      2.  Each parolee so released must be supervised closely by the division, in accordance with the plan for supervision developed by the chief pursuant to NRS 213.122.

      3.  If the board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1, that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1.

      4.  If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      5.  If the division has not completed its establishment of a program for the prisoner’s activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      6.  For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits he may have earned [against] to reduce his sentence had he not been paroled.

      Sec. 237.  NRS 213.1519 is hereby amended to read as follows:

      213.1519  1.  Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the board for a violation of any rule or regulation governing his conduct:

      (a) Forfeits all credits previously earned [credits for good behavior;] to reduce his sentence pursuant to chapter 209 of NRS; and

      (b) Must serve such part of the unexpired maximum term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.

      2.  A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for a violation of any rule or regulation governing his conduct:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1261 (Chapter 443, SB 416)ê

 

      (a) Forfeits all credits previously earned [credits for good behavior;] to reduce his sentence pursuant to chapter 209 of NRS;

      (b) Must serve the entire unexpired maximum term of his original sentence; and

      (c) May not again be released on parole during his term of imprisonment.

      3.  If a person, after his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.

      Sec. 238.  NRS 213.15193 is hereby amended to read as follows:

      213.15193  1.  The chief may order the residential confinement of a parolee if he believes that the parolee [poses no] does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

      2.  In ordering the residential confinement of a parolee, the chief shall:

      (a) Require the parolee to be confined to his residence during the time he is away from his employment, public service , or other activity authorized by the division; and

      (b) Require intensive supervision of the parolee, including , without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolee’s presence at his residence, including , without limitation, the transmission of still visual images which do not concern the parolee’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the parolee’s activities while inside his residence,

must not be used.

      4.  The chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the parolee’s original sentence.

      Sec. 239.  NRS 213.152 is hereby amended to read as follows:

      213.152.  1.  If a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.

      2.  In ordering the parolee to a term of residential confinement, the board shall:

      (a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and

      (b) Require intensive supervision of the parolee, including , without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1262 (Chapter 443, SB 416)ê

 

expected to be in order to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolee’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the person’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the parolee’s activities while inside his residence,

must not be used.

      4.  The board shall not order a parolee to a term of residential confinement unless he agrees to the order.

      5.  A term of residential confinement may not be longer than the unexpired maximum term of the parolee’s original sentence.

      Sec. 240.  NRS 213.160 is hereby amended to read as follows:

      213.160  1.  A prisoner who is paroled and leaves the state without permission from the board or who does not keep the board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.

      2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if his parole is lawfully revoked and he is thereafter returned to prison, he forfeits all previously earned credits [for good behavior] earned to reduce his sentence pursuant to chapter 209 of NRS and shall serve [such] any part of the unexpired maximum term of his original sentence as may be determined by the board.

      3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the board may restore any [good behavior] credits forfeited [under] pursuant to subsection 2.

      4.  The time a person is an escaped prisoner is not time served on his term of imprisonment.

      Sec. 241.  NRS 218.560 is hereby amended to read as follows:

      218.560  [Every] A person who fraudulently alters the draft of any bill or resolution which has been presented for enactment or adoption to either house of the legislature, with the intent to procure its enactment or adoption by either house in language different from that intended by [such] the house, is guilty of a category D felony and shall be punished [by a fine of not more than $5,000, or imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 242.  NRS 218.570 is hereby amended to read as follows:

      218.570  [Every] A person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature, with the intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the superintendent of the [department of] state printing and micrographics division of the department of administration in language different from that in which it was passed or adopted by the legislature, is guilty of a category D felony and shall be punished [by a fine of not more than $5,000, or imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1263 (Chapter 443, SB 416)ê

 

adopted by the legislature, is guilty of a category D felony and shall be punished [by a fine of not more than $5,000, or imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 243.  NRS 218.590 is hereby amended to read as follows:

      218.590  [Every] A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a member of the legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth or other corrupt means, to influence [such] the member to give or withhold his vote or to absent himself from the house of which he is a member or from any committee thereof, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 244.  NRS 218.600 is hereby amended to read as follows:

      218.600  [Every] A member of either house of the legislature of the state who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his official vote, opinion, judgment or action will be influenced thereby, or will be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 245.  NRS 239.300 is hereby amended to read as follows:

      239.300  [Any] A person who:

      1.  Steals, embezzles, corrupts, alters, withdraws, falsifies or avoids any record, process, charter, gift, grant, conveyance, bond or contract;

      2.  Knowingly or willfully, takes off, discharges or conceals any issue, forfeited recognizance or other forfeiture;

      3.  Forges, defaces or falsifies any document or instrument recorded or filed in any court, or any registered acknowledgment or certificate; or

      4.  Steals, alters, defaces or falsifies any minute, document, book or any proceedings of or belonging to any public office within this state,

is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 246.  NRS 239.310 is hereby amended to read as follows:

      239.310  [Every] A person who willfully and unlawfully removes, alters, mutilates, destroys, conceals or obliterates a record, map, book, paper, document or other thing filed or deposited in a public office, or with any public officer, by authority of law, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1264 (Chapter 443, SB 416)ê

 

      Sec. 247.  NRS 239.320 is hereby amended to read as follows:

      239.320  [Every] An officer who mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 248.  NRS 239.330 is hereby amended to read as follows:

      239.330  [Every] A person who [shall knowingly procure or offer] knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in [such] a public office under any law of this state or of the United States, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both.] as provided in NRS 193.130.

      Sec. 249.  NRS 281.190 is hereby amended to read as follows:

      281.190  1.  If [any] an officer whose office is abolished by law, or who, after the expiration of the term for which he is appointed or elected, or after he has resigned, or when legally removed from office, willfully or unlawfully withholds or detains from his successor, or other person entitled thereto by law, the records, papers, documents or other writings pertaining or belonging to his office, or mutilates, destroys or takes away any such writing, the person so offending is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      2.  The provisions of this section apply to any person who has [such] the records, documents, papers or other writings in his possession, and willfully mutilates, withholds or detains them.

      Sec. 250.  NRS 281.230 is hereby amended to read as follows:

      281.230  1.  Except as otherwise provided in this section and NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:

      (a) State, county, municipal, district and township officers of the State of Nevada;

      (b) Deputies and employees of state, county, municipal, district and township officers; and

      (c) Officers and employees of quasi-municipal corporations.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1265 (Chapter 443, SB 416)ê

 

      3.  A full- or part-time faculty member in the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      5.  [Every] A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where the commission, personal profit or compensation is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      (b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.

      6.  [Every] A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

      Sec. 251.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, [any] a registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter.

      2.  [Any] A registered voter who:

      (a) Is at least 65 years old; or

      (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter shall include in his request a description of his physical disability or condition.

      3.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail;

      (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail; or

      (c) Form provided by the Federal Government.

      4.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.

      5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category D felony [.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1266 (Chapter 443, SB 416)ê

 

this subsection is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      Sec. 252.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  When an absent voter receives his ballot, he must stamp and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

      (a) The county or city clerk’s office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Spoiled.”

      3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      Sec. 253.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

      3.  A field registrar shall demand of any person who applies for registration all information required by the affidavit of registration, and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused affidavits in his possession to the county clerk. If all of the unused affidavits are not returned to the county clerk, the field registrar shall account for the unreturned affidavits.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed affidavits of registration and the names of the electors on those affidavits. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

      8.  A field registrar shall not:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1267 (Chapter 443, SB 416)ê

 

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

      10.  A county clerk or field registrar shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

      11.  When the county clerk receives affidavits of registration from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk or field registrar shall not:

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading affidavit of registration;

      (b) Alter or deface an affidavit of registration that has been signed by an elector except to correct information contained in the affidavit after receiving notice from the elector that a change in or addition to the information is required; or

      (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

      13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      14.  A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      Sec. 254.  NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502, a person may apply to register to vote, by mail, to the county clerk of the county is which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county.

      2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete the application and sign an affidavit containing the following statement: “I do solemnly swear or affirm under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, in my county at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear or affirm under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1268 (Chapter 443, SB 416)ê

 

swear or affirm under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear or affirm that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.”

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517. The applicant shall be deemed to be registered as of the date the application is postmarked.

      6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517. The applicant shall be deemed to be registered as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The application must:

      (a) Include the applicant’s social security number, driver’s license number or identification card number issued pursuant to the provisions of NRS 483.810 to 483.890, inclusive.

      (b) Include the street address of the residence where the applicant actually resides. The application must not be accepted if the applicant’s address is listed as a post office box or is the same address as a business that receives and distributes mail for customers, unless a street address has not been assigned to the residence.

      (c) Include a notice that the voter may not list his address as a business unless he actually resides there.

      (d) Include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form.

      (e) Allow an applicant to furnish his telephone number if he chooses to do so.

      (f) Include a notice stating that an applicant is not registered to vote until all of the information required by the application has been provided to the county clerk within the period prescribed in subsection 6.

      (g) Include any other information prescribed by the secretary of state.

      8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall cancel the registration of the person whose address appeared on the postcard.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1269 (Chapter 443, SB 416)ê

 

      10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application for registration by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      11.  An application for registration must be made available to all persons, regardless of political party affiliation.

      12.  An application for registration must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk’s office within 3 working days after it is completed.

      13.  A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      Sec. 255.  NRS 293.700 is hereby amended to read as follows:

      293.700  [Any] A person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his vote or to deter him from giving it is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 256.  NRS 293.755 is hereby amended to read as follows:

      293.755  1.  [Any] A person who tampers or interferes with, or attempts to tamper or interfere with a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to prevent the proper operation of that device, system or program is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      2.  The county clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      Sec. 257.  NRS 293.800 is hereby amended to read as follows:

      293.800  1.  [Any] A person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the affidavit of registration, or who willfully falsifies his affidavit of registration in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a category D felony [.

      2.  Any] and shall be punished as provided in NRS 193.130.

      2.  A public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects [such] his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, is, except where some other penalty is provided, guilty of category D felony [.] and shall be punished as provided in NRS 193.130.

      3.  If [such] the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1270 (Chapter 443, SB 416)ê

 

      4.  [Any] A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause [such] the registration to be made, and any other person who induces, aids, or abets [any such] the person in the commission of either of [such] the acts is guilty of a category D felony [.

      5.  Any] and shall be punished as provided in NRS 193.130.

      5.  A field registrar or other person who:

      (a) Knowingly falsifies a registration form, or knowingly causes such a form to be falsified; or

      (b) Knowingly provides money or other compensation to another for a falsified registration form,

is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      Sec. 258.  NRS 293.805 is hereby amended to read as follows:

      293.805  1.  It is unlawful for a person to provide compensation for registering voters that is based upon:

      (a) The total number of voters a person registers; or

      (b) The total number of voters a person registers in a particular political party.

      2.  A person who violates any provision of this section is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      Sec. 259.  NRS 351.060 is hereby amended to read as follows:

      351.060  [Any] A person who with the intent to defraud uses on a public security or an instrument of payment:

      1.  A facsimile signature, or any reproduction of it, of any authorized officer; or

      2.  Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies or other instrumentalities or of any of its political subdivisions, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 260.  NRS 356.110 is hereby amended to read as follows:

      356.110  [Every] A state officer or employee who willfully violates:

      1.  NRS 356.011 is guilty of a misdemeanor.

      2.  Any of the other provisions of NRS 356.010 or 356.100, inclusive, is guilty of malfeasance in office [,] which is a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 261.  NRS 361.525 is hereby amended to read as follows:

      361.525  [Should] If the county assessor [give any other] gives any receipt on the payment to him of any tax on moveable personal property other than that provided for in NRS 361.510, he [shall be] is guilty of a category D felony [, and on conviction thereof] and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment,] as provided in NRS 193.130, and shall be removed from office.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1271 (Chapter 443, SB 416)ê

 

      Sec. 262.  NRS 364.090 is hereby amended to read as follows:

      364.090  [Any] A person who issues, has in his possession with the intent to issue or puts in circulation any [other] licenses other than those properly issued under the provisions of law, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 263.  NRS 369.495 is hereby amended to read as follows:

      369.495  1.  It is unlawful for [any] a person to make, store, possess or transport liquor with the intent to defraud the state.

      2.  [Every] A person who violates the provisions of this section is guilty of a category D felony and shall be punished [by a fine of not more than $10,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 264.  NRS 370.380 is hereby amended to read as follows:

      370.380  1.  It [shall be] is unlawful for [any] a person, with the intent to defraud the state:

      (a) To alter, forge or counterfeit any license, stamp or cigarette tax meter impression provided for in this chapter;

      (b) To have in his possession any forged, counterfeited, spurious or altered license, stamp or cigarette tax meter impression, with the intent to use the same, knowing or having reasonable grounds to believe the same to be such;

      (c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed;

      (d) To affix to any piece of a package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes; or

      (e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of the State of Nevada excise tax stamping. Presence of [such] the cigarettes in a cigarette vending machine [shall be] is prima facie evidence of the purpose to sell.

      2.  [Any] A person who violates any of the provisions of subsection 1 [shall be] is guilty of a misdemeanor on the first offense and upon the second or [more] subsequent offense is guilty of a category D felony and shall be punished [by a fine of not more than $10,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 265.  NRS 383.180 is hereby amended to read as follows:

      383.180  1.  Except as otherwise provided in NRS 383.170, a person who willfully removes, mutilates, defaces, injures or destroys the cairn or grave of a native Indian shall be punished by a fine of $500 for the first offense, or by a fine of not more than $3,000 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 1 year.

      2.  A person who fails to notify the division of the discovery and location of an Indian burial site in violation of NRS 383.170 shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 1 year.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1272 (Chapter 443, SB 416)ê

 

second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 1 year.

      3.  A person who:

      (a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;

      (b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or

      (c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,

is guilty of a category D felony and shall be punished [by a fine of $1,000 for the first offense, or by a fine of not less than $5,000 nor more than $10,000 for a second or subsequent offense, and may be further punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.] as provided in NRS 193.130.

      4.  This section does not apply to:

      (a) The possession or sale of an artifact:

             (1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or

             (2) Removed from the cairn or grave of a native Indian by other than human action; or

      (b) Action taken by a peace officer in the performance of his duties.

      Sec. 266.  NRS 403.151 is hereby amended to read as follows:

      403.151  1.  A county road supervisor shall not:

      (a) Directly or indirectly represent or act for any manufacturing concern, corporation or natural person selling or handling machinery, implements or material which may be used in road work. No machinery, implement or material used in road work, except items which cost less than $50 and are usually kept in stock and sold at usual prices, may be purchased from any manufactory, store or concern in which the county road supervisor is interested directly or indirectly.

      (b) Receive any gift or reward for recommending, suggesting or influencing the expenditure of money for any such machinery, implement or material.

      2.  [Every] A contract made in violation of this section is void.

      3.  [Any] A county road supervisor who violates this section [shall] must be removed from office, forfeits his bond and shall be punished:

      (a) Where paragraph (b) of subsection 1 is violated, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] for a category D felony as provided in NRS 193.130.

      (b) Where paragraph (a) of subsection 1 is violated, for a gross misdemeanor.

      Sec. 267.  NRS 422.366 is hereby amended to read as follows:

      422.366  1.  [Any] A person who:

      (a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholder’s consent; or

      (b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the welfare division or the cardholder, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1273 (Chapter 443, SB 416)ê

 

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with the intent to defraud is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Any] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who has in his possession or under his control two or more Medicaid cards issued in the name of another person [or persons] is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the welfare division.

      Sec. 268.  NRS 422.367 is hereby amended to read as follows:

      422.367  [Any] A person who:

      1.  Sells or buys a Medicaid card; or

      2.  Authorizes another person to use his Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the plan, if the person to whom authorization is given is not entitled to use that card to obtain [such] care,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 269.  NRS 422.368 is hereby amended to read as follows:

      422.368  [Any] A person who, with the intent to defraud:

      1.  Uses a Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the plan with the knowledge that the Medicaid card was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged or is the expired or revoked Medicaid card of another; or

      2.  Obtains the types of medical and remedial care for which assistance may be provided under the plan by representing, without the consent of the cardholder, that he is the authorized holder of a Medicaid card or that he is the holder of a Medicaid card that has not in fact been issued,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1274 (Chapter 443, SB 416)ê

 

      Sec. 270.  NRS 422.369 is hereby amended to read as follows:

      422.369  [Any] A person authorized by the welfare division to furnish the types of medical and remedial care for which assistance may be provided under the plan, or an agent or employee of [such an] the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which he knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 271.  NRS 422.410 is hereby amended to read as follows:

      422.410  1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.580, inclusive, [every] a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1, whenever a recipient of aid to families with dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 272.  NRS 422.550 is hereby amended to read as follows:

      422.550  1.  Each application to participate as a provider, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for goods or services provided to a recipient must contain a statement that all matters stated therein are true and accurate, signed by a natural person who is the provider or is authorized to act for the provider, under the pains and penalties of perjury.

      2.  A person is guilty of perjury which is a category D felony and shall be punished as provided in NRS [199.120] 193.130 if he signs or submits, or causes to be signed or submitted, such a statement, knowing that the application, report or invoice contains information which is false, in whole or in part, by commission or by omission.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1275 (Chapter 443, SB 416)ê

 

      3.  For the purposes of this section, a person who signs on behalf of a provider is presumed to have the authorization of the provider and to be acting at his direction.

      Sec. 273.  NRS 422.560 is hereby amended to read as follows:

      422.560  1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) While acting on behalf of a provider, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the plan, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

      (b) Sell or lease to or for the use of a provider goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the plan, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

      (c) Refer a person to a provider for goods or services for which payment may be made, in whole or in part, pursuant to the plan, and solicit or accept anything of value in connection with the referral.

      2.  Paragraph (a) and (b) of subsection 1 do not apply if the additional value transferred is:

      (a) A refund or discount made in the ordinary course of business;

      (b) Reflected by the books and records of the person transferring or receiving it; and

      (c) Reflected in the billings submitted to the plan.

      3.  A person shall not, while acting on behalf of a provider providing goods or services to a recipient pursuant to the plan, charge, solicit, accept or receive anything of additional value in addition to the amount legally payable pursuant to the plan in connection with the provision of the goods or services.

      4.  A person who violates this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

      (a) Is less than $250, is guilty of a gross misdemeanor.

      (b) Is $250 or more, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 274.  NRS 422.570 is hereby amended to read as follows:

      422.570  1.  A person is guilty of a gross misdemeanor if, upon submitting a claim for or upon receiving payment for goods or services pursuant to the plan, he intentionally fails to maintain such records as are necessary to disclose fully the nature of the goods or services for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received.

      2.  A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both a fine and imprisonment.] as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1276 (Chapter 443, SB 416)ê

 

      Sec. 275.  NRS 432.034 is hereby amended to read as follows:

      432.034  Written statements of information required from responsible relatives of applicants for or recipients of assistance pursuant to NRS 432.010 to 432.085, inclusive, need not be under oath, but any person who signs such a statement and willfully states therein as true any material matter which he knows to be false is guilty of perjury which is a category D felony and shall be punished [for perjury] as provided in NRS [199.120] 193.130.

      Sec. 276.  NRS 433.554 is hereby amended to read as follows:

      433.554  1.  [Any] An employee of a public or private mental health facility or any other person, except a client, who:

      (a) Has reason to believe that a client of the division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatric physician or dentist;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

      2.  In addition to any other penalties provided by law, [any] an employee or a public or private mental health facility or any other person, except a client, who willfully abuses or neglects [any] a client;

      (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

      (b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  [Any] A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

      4.  For the purposes of this section:

      (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) Verbal intimidation or coercion of the client without a redeeming purpose;

             (4) The use of excessive force when placing the client in physical restraints; and

             (5) The use of physical or chemical restraints in violation of state or federal law.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1277 (Chapter 443, SB 416)ê

 

Any act which meets the standard of practice for care and treatment does not constitute abuse.

      (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care treatment and training in a public or private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

      (c) “Neglect” means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

             (1) An appropriate plan of treatment to which the client has consented; and

             (2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

      (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

      Sec. 277.  NRS 433A.750 is hereby amended to read as follows:

      433A.750  1.  [Any] A person who:

      (a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of [any such] the person under this chapter; or

      (b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this chapter,

is guilty of a category D felony and shall be punished [by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility is guilty of a gross misdemeanor.

      3.  [Any] A person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which [such] the person secures or attempts to secure the apprehension, hospitalization, detention or restraint of the person alleged to be mentally ill, or any physician, psychiatrist or licensed psychologist who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished [by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 278.  NRS 433B.340 is hereby amended to read as follows:

      433B.340  1.  [Any] An employee of the division or other person who:

      (a) Has reason to believe that a client has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1278 (Chapter 443, SB 416)ê

 

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatric physician or dentist;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

      2.  [Any] An employee of the division or other person who willfully abuses or neglects any client:

      (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

      (b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  [Any] A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

      4.  For the purposes of this section:

      (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) The use of excessive force when placing the client in physical restraints; and

             (4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

      (b) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

             (1) Establish or carry out an appropriate plan of treatment for the client;

             (2) Provide the client with adequate nutrition, clothing or health care; and

             (3) Provide a safe environment for the client.

Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

      (c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

      Sec. 279.  NRS 440.765 is hereby amended to read as follows:

      440.765  1.  It is unlawful for any person to obtain or possess the birth certificate of another for the purpose of establishing a false identity for himself or any other person.

      2.  [Every] A person who has in his possession the birth certificate of another person without lawful reason for [such] being in possession of the birth certificate or who uses the birth certificate of another in the commission of a misdemeanor, is guilty of a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1279 (Chapter 443, SB 416)ê

 

birth certificate or who uses the birth certificate of another in the commission of a misdemeanor, is guilty of a misdemeanor.

      3.  [Every] A person who has in his possession two or more birth certificates of other persons without lawful reason for [such] being in possession of the birth certificates or uses the birth certificate of another person in the commission of a gross misdemeanor is guilty of a gross misdemeanor.

      4.  [Every] A person who uses the birth certificate of another person to aid in the commission of a felony is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      5.  The offenses described in this section are separate from the primary offense if any, and the unlawful possession of a birth certificate is a separate offense from its unlawful use.

      Sec. 280.  NRS 445.334 is hereby amended to read as follows:

      445.334  1.  Except as otherwise provided in NRS 445.337 or unless a greater penalty is prescribed by NRS 459.600, [any] a person who intentionally or with criminal negligence violates NRS 445.221 or 445.254, any limitation established pursuant to NRS 445.247 and 445.251, the terms or conditions of [any] a permit issued [under] pursuant to NRS 445.227 to 445.241, inclusive, or any final order issued under NRS 445.324, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

      2.  If the conviction is for a second violation of the provisions indicated in subsection 1, the person is guilty of a category D felony and shall be punished [by a fine of not more than $50,000 for each day of the violation or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      3.  The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445.131 to 445.354, inclusive.

      Sec. 281.  NRS 451.030 is hereby amended to read as follows:

      451.030  1.  [Every] A person who removes the dead body of a human being, or any part thereof, from a grave, vault or other place where it has been buried or deposited awaiting burial or cremation, without authority of law, with the intent to sell it, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Every] as provided in NRS 193.130.

      2.  A person who purchases or receives, except for burial or cremation, any such dead body, or any part thereof, knowing that it has been removed contrary to the provisions of subsection 1, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1280 (Chapter 443, SB 416)ê

 

      3.  Every] as provided in NRS 193.130.

      3.  A person who opens a grave or other place of interment, temporary or otherwise, or a building where such a dead body is deposited while awaiting burial or cremation, without authority of law, with the intent to remove the body or any part thereof, for the purpose of selling or demanding money for it, for dissection, from malice or wantonness, or with the intent to sell or remove the coffin or any part thereof or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 282.  NRS 451.590 is hereby amended to read as follows:

      451.590  1.  A person shall not knowingly, for valuable consideration, purchase or sell a part for transplantation or therapy.

      2.  Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation or implantation of a part.

      3.  A person who violates this section is guilty of a category D felony and [upon conviction is subject to] shall be punished as provided in NRS 193.130, or by a fine of not [exceeding] more than $50,000 , or [imprisonment not exceeding 5 years, or both.] by both fine and the punishment provided in NRS 193.130.

      Sec. 283.  NRS 453.232 is hereby amended to read as follows:

      453.232  [Any] A person who manufactures, distributes or dispenses a controlled substance without being registered by the board if required by NRS 453.231 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.] as provided in NRS 193.130.

      Sec. 284.  NRS 453.256 is hereby amended to read as follows:

      453.256  1.  As used in this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

      2.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, and as otherwise provided in subsection 3, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

      3.  In an emergency, as defined by regulation of the board, a substance included in schedule II may be dispensed upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. [No] A prescription for a substance included in schedule II [may] must not be refilled.

      4.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1281 (Chapter 443, SB 416)ê

 

not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      5.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

      6.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his profession.

      7.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

      8.  An individual practitioner may not dispense a substance included in schedule II, III or IV for his own personal use except in a medical emergency.

      9.  [Any] A person who violates this section is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 285.  NRS 453.316 is hereby amended to read as follows:

      453.316  1.  [Any] A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category B felony and shall be punished by imprisonment [in the county jail for not more than 1 year or] in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in subsection 2.

      2.  If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, he has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under this section, he is guilty of a category B felony and shall be [imprisoned] punished by imprisonment in the state prison for a minimum term of not less than 2 years [nor] and a maximum term of not more than [20] 10 years, and may be further punished by a fine of not more than $20,000. The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section if he has been previously convicted under this section or of any other offense described in this subsection.

      3.  This section does not apply to any rehabilitation clinic established or licensed by the health division of the department of human resources.

      Sec. 286.  NRS 453.321 is hereby amended to read as follows:

      453.321  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for [any] a person to import, transport, manufacture, compound, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance or to offer or attempt to do any such act.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1282 (Chapter 443, SB 416)ê

 

      2.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if [any] a person violates subsection 1 and the controlled substance is classified in schedule I or II, he is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for [life or for a definite] a minimum term of not less than 1 year [nor] and a maximum term of not more than [20] 6 years , and may be further punished by a fine of not more than $20,000.

      (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for [life or for a definite] a minimum term of not less than [5 years nor] 2 years and a maximum term of not more than [20] 10 years , and may be further punished by a fine of not more than $20,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for [life or for a definite] a minimum term of not less than 3 years and a maximum term of not more than 15 years , and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of [any] a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

      4.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if [any] a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, he shall be punished:

      (a) For the first offense, [by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for [life or for a definite] a minimum term of not less than 2 years [nor] and a maximum term of not more than [15] 10 years , and may be further punished by a fine of not more than $15,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for [life or for a definite period of] a minimum term of not less than [5 years nor] 3 years and a maximum term of not more than [20] 15 years , and may be further punished by a fine of not more than $20,000 for each offense.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1283 (Chapter 443, SB 416)ê

 

      5.  The court shall not grant probation to or suspend the sentence of [any] a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

      Sec. 287.  NRS 453.323 is hereby amended to read as follows:

      453.323  1.  [Any] A person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in schedule I or II and then sells, supplies, transports, delivers, gives or administers any other substance in place of [such] the controlled substance is guilty of a category C felony and shall be punished [by imprisonment in the county jail for not more than 1 year or in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.] as provided in NRS 193.130.

      2.  The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating subsection 1 if he has previously been convicted of any felony offense under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act.

      3.  [Any] A person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in schedule III, IV or V and then sells, supplies, transports, delivers, gives or administers any other substance in place of [such] the controlled substance is guilty of a category D felony and shall be punished [by imprisonment in the county jail for not more than 1 year or in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000 for each offense.] as provided in NRS 193.130.

      Sec. 288.  NRS 453.326 is hereby amended to read as follows:

      453.326  1.  It is unlawful for [any] a person:

      (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive;

      (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive; or

      (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of [such] those sections.

      2.  [Any] A person who violates this section is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 289.  NRS 453.331 is hereby amended to read as follows:

      453.331  1.  It is unlawful for [any] a person knowingly or intentionally to:

      (a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1284 (Chapter 443, SB 416)ê

 

      (b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;

      (c) Assume falsely the title of or represent himself as a registrant or other person authorized to possess controlled substances;

      (d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or alteration;

      (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552, inclusive, or any record required to be kept by those sections;

      (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;

      (g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

      (h) Possess prescription blanks which have been signed before being filled out; or

      (i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.

      2.  [Any] A person who violates this section is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 290.  NRS 453.332 is hereby amended to read as follows:

      453.332  1.  Except as otherwise provided in subsection 6, it is unlawful for [any] a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.

      2.  Except as otherwise provided in subsection 3, [any] a person who violates subsection 1 is guilty of a misdemeanor.

      3.  [Any] A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.

      4.  Any] as provided in NRS 193.130.

      4.  A person who:

      (a) Uses or possesses with the intent to use an imitation controlled substance; or

      (b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,

is guilty of a gross misdemeanor upon his first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1285 (Chapter 443, SB 416)ê

 

nor more than 6 years and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      5.  For the purposes of this section:

      (a) “Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

      (b) “Imitation controlled substance” means a substance, not a controlled substance, which:

             (1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or

             (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:

             (I) Statements made by the defendant regarding the nature of the substance, its use or effect.

             (II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.

             (III) Whether the substance is packaged in a manner normally used for illicit controlled substances.

      6.  This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his professional practice or research.

      Sec. 291.  NRS 453.333 is hereby amended to read as follows:

      453.333  If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him is guilty of murder. If convicted of murder in the second degree, he is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, he is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385, 453.339 or 453.3395 or a law of any other jurisdiction which prohibits the same conduct.

      Sec. 292.  NRS 453.334 is hereby amended to read as follows:

      453.334  Unless a greater penalty is provided in NRS 453.333, [any] a person who is convicted of selling a controlled substance to a minor in violation of this chapter is guilty of a category A felony and shall be punished for a second or subsequent violation by imprisonment in the state prison [for life,] :

      1.  For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      2.  For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

and may be further punished by a fine of not more than $20,000.

      Sec. 293.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  It is unlawful for [any] a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1286 (Chapter 443, SB 416)ê

 

from, or pursuant to, a valid prescription or order of a physician, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, [any] a person who violates this section shall be punished:

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (c)] for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, [the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      [(d)] (c) For the first offense, if the controlled substance is listed in schedule V, [by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      (e)] for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  Any] for a category D felony as provided in NRS 193.130.

      3.  Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

      (a) For the first and second offense , [:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.

      (b) For the second offense,] is guilty of a category E felony and shall be punished [in the manner prescribed by subsection 2 for a first offense.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1287 (Chapter 443, SB 416)ê

 

      (c)] as provided in NRS 193.130.

      (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished [in the manner prescribed by subsection 2 for a second offense.] as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      4.  Before sentencing under the provisions of subsection 3 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:

      (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense [shall] must be adjudged to have committed a felony or to have committed a gross misdemeanor.

      Sec. 294.  NRS 453.337 is hereby amended to read as follows:

      453.337  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for [any] a person to possess for the purpose of sale any controlled substance classified in schedule I or II.

      2.  Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, [any] a person who violates this section shall be punished:

      (a) For the first offense, [by imprisonment in the state prison for not less than 1 year nor more than 15 years and may be further punished by a fine of not more than $5,000.] for a category D felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [by imprisonment in the state prison for not less than 5 years nor more than 15 years and may be further punished by a fine of not more than $10,000.] for a category C felony as provided in NRS 193.130.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than [15] 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.

      Sec. 295.  NRS 453.338 is hereby amended to read as follows:

      453.338  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for [any] a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

      2.  [Any] A person who violates this section shall be punished:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1288 (Chapter 443, SB 416)ê

 

      (a) For the first and second offense, [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

      [(c)] (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.] for a category C felony as provided in NRS 193.130.

      3.  The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section and punishable under paragraph (b) or (c) of subsection 2.

      Sec. 296.  NRS 453.3385 is hereby amended to read as follows:

      453.3385  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, [any] a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance shall be punished, if the quantity involved:

      1.  Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than [3 years nor] 1 year and a maximum term of not more than [20] 6 years and by a fine of not [less] more than $50,000.

      2.  Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for [life or for a definite] a minimum term of not less than [10] 2 years and a maximum term of not more than 15 years and by a fine of not [less] more than $100,000.

      3.  Is 28 grams or more, for a category A felony by imprisonment in the state prison [for life or for] :

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of [not less than] 25 years , with eligibility for parole beginning when a minimum of 10 years has been served,

and by a fine of not [less] more than $500,000.

      Sec. 297.  NRS 453.339 is hereby amended to read as follows:

      453.339  1.  Except as [authorized by the provisions of] otherwise provided in NRS 453.011 to 453.552, inclusive, [any] a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marihuana shall be punished, if the quantity involved:

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1289 (Chapter 443, SB 416)ê

 

or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marihuana shall be punished, if the quantity involved:

      (a) Is 100 pounds or more, but less than 2,000 pounds, [by imprisonment in the state prison for not less than 3 years nor more than 20 years] for a category C felony as provided in NRS 193.130 and by a fine of not [less] more than $25,000.

      (b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than [5 years nor] 2 years and a maximum term of not more than [20] 10 years and by a fine of not [less] more than $50,000.

      (c) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison [for life or for] :

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

             (2) For a definite term of [not less than] 15 years , with eligibility for parole beginning when a minimum of 5 years has been served,

and by a fine of not [less] more than $200,000.

      2.  For the purposes of this section:

      (a) “Marihuana” means all parts of any plant of the genus Cannabis, whether growing or not.

      (b) The weight of marihuana is its weight when seized or as soon as practicable thereafter.

      Sec. 298.  NRS 453.3395 is hereby amended to read as follows:

      453.3395  Except as [authorized by the provisions of] otherwise provided in NRS 453.011 to 453.552, inclusive, [any] a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, if the quantity involved:

      1.  Is 28 grams or more, but less than 200 grams, [by imprisonment in the state prison for not less than 3 years nor more than 20 years] for a category C felony as provided in NRS 193.130 and by a fine of not [less] more than $50,000.

      2.  Is 200 grams or more, but less than 400 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than [5 years nor] 2 years and a maximum term of not more than [20] 10 years and by a fine of not [less] more than $100,000.

      3.  Is 400 grams or more, for a category A felony by imprisonment in the state prison [for life or for] :

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b) For a definite term of [not less than] 15 years , with eligibility for parole beginning when a minimum of 5 years has been served,

and by a fine of not [less] more than $250,000.

      Sec. 299.  NRS 453.401 is hereby amended to read as follows:

      453.401  1.  Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit [any] an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the state in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator : [shall:]

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1290 (Chapter 443, SB 416)ê

 

Nevada or an agency of the state in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator : [shall:]

      (a) For a first offense, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, [such a] the conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [he] is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than 10 years , and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, or if [such a] the conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [he] is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [5 years nor] 3 years and a maximum term of not more than [20] 15 years , and may be further punished by a fine of not more than $20,000 for each offense.

      2.  Except as otherwise provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.

      3.  If two or more persons conspire to possess marihuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.

      4.  If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, the persons so conspiring shall be punished in the manner provided in NRS 207.400.

      5.  The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.

      Sec. 300.  NRS 453.411 is hereby amended to read as follows:

      453.411  1.  It is unlawful for [any] a person knowingly to use or be under the influence of a controlled substance except in accordance with a prescription issued to [such] the person by a physician, podiatric physician or dentist.

      2.  It is unlawful for [any] a person knowingly to use or be under the influence of a controlled substance except when administered to [such] the person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1291 (Chapter 443, SB 416)ê

 

person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.

      3.  [Any] Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished:

      (a) If the controlled substance is listed in schedule I, II, III [,] or IV, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] for a category E felony as provided in NRS 193.130.

      (b) If the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      Sec. 301.  NRS 453.421 is hereby amended to read as follows:

      453.421  [Any] A person who violates any provision of NRS 453.371 to 453.391, inclusive, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 302.  NRS 453.431 is hereby amended to read as follows:

      453.431  1.  A pharmacist shall not knowingly fill or refill any prescription for a controlled substance for use by [any] a person other than the person for whom the prescription was originally issued.

      2.  A person shall not furnish a false name or address while attempting to obtain a controlled substance or a prescription for a controlled substance. [Any] A person prescribing, administering or dispensing a controlled substance may request proper identification from a person requesting controlled substances.

      3.  A pharmacist shall not fill a prescription for a controlled substance if the prescription shows evidence of alteration, erasure or addition, unless he obtains approval of the practitioner who issued the prescription.

      4.  A pharmacist shall not fill a prescription for a controlled substance classified in schedule II unless it is tendered on or before the 14th day after the date of issue.

      5.  [Any] A person who violates this section is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine or not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 303.  NRS 453.560 is hereby amended to read as follows:

      453.560  [Any] Unless a greater penalty is provided in NRS 212.160, a person who delivers or sells, possesses with the intent to deliver or sell, or manufactures with the intent to deliver or sell any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 or by both fine and imprisonment.] as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1292 (Chapter 443, SB 416)ê

 

      Sec. 304.  NRS 453.562 is hereby amended to read as follows:

      453.562  [Any] A person 18 years of age or [over] older who violates NRS 453.560 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 305.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  [Any] A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment,] as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A practitioner to his own patients;

      (b) A physician’s assistant if authorized by the board;

      (c) A registered nurse while participating in a public health program approved by the board, or an advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

      (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the state health officer or his designated medical director of emergency medical services, to a person or agency described in subsection 3 of NRS 453.510 to stock ambulances or other authorized vehicles or replenish the stock; or

      (f) A pharmacy in a correctional institution to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.

      Sec. 306.  NRS 454.306 is hereby amended to read as follows:

      454.306  [Every] A person who violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 5 years and a maximum term of not more than [10] 20 years, or by a fine of not more than [$10,000,] $20,000, or by both fine and imprisonment.

      Sec. 307.  NRS 454.311 is hereby amended to read as follows:

      454.311  1.  [Every] A person, other than a peace officer or inspector of the board in the performance of his official duty, who knowingly or intentionally obtains or attempts to obtain possession of a dangerous drug or a prescription for a dangerous drug by misrepresentation, fraud, forgery, deception, subterfuge or alteration is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1293 (Chapter 443, SB 416)ê

 

deception, subterfuge or alteration is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000

      2.  Any] as provided in NRS 193.130.

      2.  A person who knowingly has in his possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Every] as provided in NRS 193.130.

      3.  A person who knowingly:

      (a) Receives any dangerous drug from, or has in his possession or under his control any dangerous drug obtained by, another person as a result of any forged, false, fictitious or altered prescription; or

      (b) Fills a prescription which is not genuine,

is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 308.  NRS 454.316 is hereby amended to read as follows:

      454.316  1.  Except as otherwise provided in this section, [every] a person who possesses a dangerous drug, except that furnished to him by a pharmacist pursuant to a legal prescription or a practitioner, is guilty of a gross misdemeanor. [If the] A person who has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Pursuant to any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

[he] is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  No] as provided in NRS 193.130.

      2.  A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in dangerous drugs if the drugs are in stock containers property labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his own premises.

      3.  [No] A prescription is not required for an optometrist certified pursuant to NRS 636.382 to possess drugs which he is authorized to use pursuant to chapter 636 of NRS.

      Sec. 309.  NRS 454.326 is hereby amended to read as follows:

      454.326  [Every] A person who, in order to obtain any dangerous drug, falsely represents himself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting [in] on behalf of a person who can lawfully prescribe drugs:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1294 (Chapter 443, SB 416)ê

 

      1.  For the first offense, is guilty of a misdemeanor.

      2.  For any subsequent offense, is guilty of a category E felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 310.  NRS 457.220 is hereby amended to read as follows:

      457.220  1.  Except as otherwise provided in subsection 2, [every] a person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less that 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  The penalty provided in subsection 1 does not apply to violations of NRS 457.230 to 457.280, inclusive.

      Sec. 311.  NRS 459.600 is hereby amended to read as follows:

      459.600  [Any] A person who, intentionally or with criminal negligence:

      1.  Violates NRS 459.590, subsection 1 of NRS 459.515 or any term or condition of a permit issued pursuant to NRS 459.520;

      2.  Violates an order issued by the department relating to hazardous waste, if:

      (a) The violation threatens or harms the environment or the personal safety of other persons; and

      (b) The person has not made a good faith effort to comply with the order; or

      3.  Disposes of or discharges hazardous waste in any manner not authorized by the provisions of this chapter or regulations adopted thereunder,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year or more than 6 years,] as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and [imprisonment.] the punishment provided in NRS 193.130.

      Sec. 312.  NRS 463.360 is hereby amended to read as follows:

      463.360  1.  Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to the violator, or be issued to any person for the room or premises in which the violation occurred, for 1 year after the date of the revocation.

      2.  [Any] A person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1295 (Chapter 443, SB 416)ê

 

imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  Except as otherwise provided in subsection 4, [any] a person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [20] 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.

      4.  A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.

      5.  [Any] A person who willfully violates any provision of a regulation adopted pursuant to NRS 463.125 is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      6.  The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.

      Sec. 313.  NRS 463.480 is hereby amended to read as follows:

      463.480  [Any] A person, firm, association or corporation, or any of their officers or agents, [violating] who violates any of the provisions of NRS 463.430 to 463.460, inclusive, is guilty of a category C felony and shall be punished [by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 314.  NRS 463B.280 is hereby amended to read as follows:

      463B.280  1.  It is unlawful for [any] a person during the pendency of any proceeding before the commission which may result in the appointment of a supervisor or during the period of supervision:

      (a) To sell, lease or otherwise convey for less than full market value or to hypothecate any property of a gaming establishment.

      (b) To remove from this state or secrete from the commission or the supervisor of a gaming establishment any property, money, books or records of the establishment, including evidences of debts owed to it.

      2.  [Any] A person who violates any provision of subsection 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 315.  NRS 465.088 is hereby amended to read as follows:

      465.088  1.  [Any] A person who violates any provision of NRS 465.070 to 465.085, inclusive, is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (b) For a second or subsequent violation of any of these provisions, by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1296 (Chapter 443, SB 416)ê

 

[nor] and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than $10,000. The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.

      2.  [Any] A person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.085, inclusive, each is guilty of a category B felony and shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he personally played any gambling game or used any prohibited device.

      Sec. 316.  NRS 465.090 is hereby amended to read as follows:

      465.090  1.  It is unlawful for [any] a person to furnish or disseminate any information in regard to racing or races, from any point within this state to any point outside the State of Nevada, by telephone, telegraph, teletype, radio or any signaling device, with the intention that the information is to be used to induce betting or wagering on the result of the race or races, or with the intention that the information is to be used to decide the result of any bet or wager made upon the race or races.

      2.  This section does not prohibit:

      (a) A newspaper of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run; or

      (b) The furnishing or dissemination of information concerning wagers made in an off-track pari-mutuel system of wagering approved by the Nevada gaming commission.

      3.  [Any] A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 317.  NRS 475.100 is hereby amended to read as follows:

      475.100  1.  It is unlawful for [any] a person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire.

      2.  [Any person violating] A person who violates any of the provisions of this section shall be punished:

      (a) If the act is malicious and another person suffers death or substantial bodily harm as a result, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      (b) Otherwise, for a gross misdemeanor.

      3.  This section does not apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by [any] a person to attract attention of police, firemen or other people to acts of violence, disorder or menace.

      Sec. 318.  NRS 475.105 is hereby amended to read as follows:

      475.105  A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:

      1.  If the device has a value of less than $250, is guilty of a gross misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1297 (Chapter 443, SB 416)ê

 

      2.  If the device has a value of $250 or more, is guilty of grand larceny [,] which is a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 319.  NRS 476.050 is hereby amended to read as follows:

      476.050  [Every] A person who [shall maliciously place] maliciously places any explosive substance or material in, upon, under, against or near any building, car, vessel, railroad track or structure, in such a manner or under such circumstances as to destroy or injure the same if exploded, [shall be] is guilty of a category B felony, and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [20] 10 years.

      Sec. 320.  NRS 482.547 is hereby amended to read as follows:

      482.547  1.  It is unlawful for [any] a person to sell, offer to sell or display for sale any vehicle unless the person is:

      (a) The lienholder, owner or registered owner of the vehicle;

      (b) A repossessor of the vehicle, or holder of a statutory lien on the vehicle, selling the vehicle on a bid basis; or

      (c) A manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.

      2.  The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a vehicle pursuant to powers or duties granted or imposed by law.

      3.  A person who violates any of the provisions of this section shall be punished:

      (a) If the value of the vehicle sold, offered or displayed is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) If the value of the vehicle is less than $250, for a misdemeanor.

      Sec. 321.  NRS 484.219 is hereby amended to read as follows:

      484.219  1.  The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of [any] a person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

      2.  Every such stop must be made without obstructing traffic more than is necessary.

      3.  [Any] A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [20] 15 years and by a fine of not less than $2,000 nor more than $5,000.

      Sec. 322.  NRS 484.348 is hereby amended to read as follows:

      484.348  1.  [Any] A driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1298 (Chapter 443, SB 416)ê

 

elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

      3.  Except under the circumstances provided in subsection 2 of NRS 484.377, if a violation of this section is the proximate cause of the death of or substantial bodily harm to [any] a person other than himself, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 323.  NRS 484.3595 is hereby amended to read as follows:

      484.3595  1.  It is unlawful for [any] a person to:

      (a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself to the traffic control established at the roadblock.

      (b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.

      2.  [Any] A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:

      (a) If he is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more the $5,000, or by both fine and imprisonment.

      (b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.

      Sec. 324.  NRS 484.377 is hereby amended to read as follows:

      484.377  1.  It is unlawful for [any] a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.

      (b) Drive a vehicle in an unauthorized speed contest on a public highway. A violation of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.

      2.  [Any] A person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to [any] a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 325.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  [Any] A person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1299 (Chapter 443, SB 416)ê

 

             (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and

             (3) Fine him not less than $200 nor more than $1,000.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:

             (1) Shall sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.079, inclusive;

             (2) Shall fine him not less than $500 nor more than $1,000; and

             (3) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years , and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  Any offense which occurred with 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  [No] A person convicted of violating the provisions of NRS 484.379 [may] must not be released on probation, and [no] a sentence imposed for violating those provisions [may] must not be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. [No] A prosecuting attorney [may] shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1300 (Chapter 443, SB 416)ê

 

reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      4.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      5.  Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.

      6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

      7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of law of any other jurisdiction which prohibits the same or similar conduct.

      Sec. 326.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  [Any] A person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has 0.10 percent or more by weight of alcohol in his blood;

      (c) If found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood;

      (d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1301 (Chapter 443, SB 416)ê

 

which renders him incapable of safely driving or exercising actual physical control of a vehicle,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, [any] a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  [No] A prosecuting attorney [may] shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. [Except as otherwise provided in subsection 4, a] A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  [A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:

      (a) Is imprisoned in the state prison, an institution of minimum security, a conservation camp, a restitution center or a similar facility for not less than 1 year; and

      (b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.

      5.] If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 327.  NRS 485.316 is hereby amended to read as follows:

      485.316  1.  Except as otherwise provided in subsections 2 and 3, information which is maintained in the data base created pursuant to NRS 485.313 is confidential.

      2.  The department or its designated agent may only disclose information which is maintained in the data base, upon request, to a state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1302 (Chapter 443, SB 416)ê

 

      3.  The department may only disclose information retrieved from the data base to:

      (a) A person who requests information regarding his own status;

      (b) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

      (c) A person who has a power of attorney from the person about whom the information is requested;

      (d) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

      (e) A person who has suffered a loss or injury in an accident involving a motor vehicle who requests information for use in the accident report.

      4.  A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 328.  NRS 488.285 is hereby amended to read as follows:

      488.285  1.  Except as otherwise provided in subsection 2:

      (a) A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner attach a vessel to any such buoy or navigational aid.

      (b) A person shall not place, move, remove, destroy or tamper with any buoy or other navigational aid without written authorization from the division of wildlife of the state department of conservation and natural resources.

      2.  The provisions of subsection 1 do not apply to mooring buoys.

      3.  [Any] A person who violates a provision of subsection 1 shall be punished:

      (a) If no injury results from the violation, for a misdemeanor.

      (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.

      (c) If a human death results from the violation, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      4.  Nothing in this section requires an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on navigable waters of this state.

      Sec. 329.  NRS 488.290 is hereby amended to read as follows:

      488.290  1.  A game warden, sheriff or other peace officer of this state or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.

      2.  For the purposes of this section, a vessel is being operated in an unsafe condition if it:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1303 (Chapter 443, SB 416)ê

 

      (a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;

      (b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;

      (c) Has no fire extinguisher as required by NRS 488.193;

      (d) Fails to display the proper navigational lights between sunset and sunrise;

      (e) Is leaking fuel or has fuel in the bilges;

      (f) Is improperly ventilated;

      (g) Has an improper device for controlling backfire flame; or

      (h) Is being operated in extremely adverse conditions.

      3.  An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace officer shall be punished:

      (a) If no injury results, for a misdemeanor;

      (b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or

      (c) If the death of another person results, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] for a category D felony as provided in NRS 193.130.

      Sec. 330.  NRS 517.300 is hereby amended to read as follows:

      517.300  1.  [Every] A person who willfully antedates or puts any false date or date other than the one on which the location is made upon any notice of location of any mining claim in this state is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  Every] as provided in NRS 193.130.

      2.  A person who willfully and knowingly makes a false material statement on the certificate of location or on any map required by this chapter is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 331.  NRS 574.070 is hereby amended to read as follows:

      574.070  1.  Except as otherwise provided in this section, a person who sets on foot, instigates, promotes or carries on, or does any act as assistant, umpire or principal, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by [any] a person owning or having custody of such birds or animals, is guilty of a gross misdemeanor, but if any dog is used in such a fight the person is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.

      2.  [Any] A person who is a witness of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by [any] a person having custody of such birds or animals, is guilty of a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1304 (Chapter 443, SB 416)ê

 

gain, premeditated by [any] a person having custody of such birds or animals, is guilty of a misdemeanor.

      3.  This section does not prohibit the use of dogs or birds for:

      (a) The management of livestock by the owner thereof, his employees or agents or any other person in the lawful custody of the livestock; or

      (b) Hunting as permitted by law.

      Sec. 332.  NRS 574.150 is hereby amended to read as follows:

      574.150  1.  A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by a horse, mule or by domestic cattle, whether the horse, mule or domestic cattle are the property of himself or another, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by an animal other than a horse, mule or domestic cattle, whether the animal is the property of himself or another, is guilty of a gross misdemeanor.

      3.  This section does not prohibit the destruction of noxious animals.

      Sec. 333.  NRS 576.125 is hereby amended to read as follows:

      576.125  1.  When requested by his consignor, a commission merchant shall, before the close of the next business day following the sale of any farm products consigned to him, transmit or deliver to the owner or consignor of the farm products a true written account of the sale, showing the amount sold and the selling price. Remittance in full of the amount realized from such sales, including all collections, overcharges and damages, less the agreed commission and other charges, together with a complete account of sales, must be made to the consignor within 10 days after receipt of the money by the commission merchant, unless otherwise agreed in writing.

      2.  [Every] Each commission merchant shall retain a copy of all records covering each transaction for a period of 1 year from the date thereof, which copy must at all times be available for and open to the confidential inspection of the administrator and the consignor, or authorized representative of either.

      3.  [Every] Each dealer shall pay for farm products delivered to him at the time and in the manner specified in the contract with the producer, but if no time is set by the contract, or at the time of the delivery, then within 30 days after the delivery or taking possession of the farm products, except that livestock whose sale is subject to the Packers and Stockyards Act, 7 U.S.C. §§ 181 to 231, inclusive, must be paid for within the time required by that act and any applicable regulations adopted thereunder.

      4.  A person who, with the intent to defraud, fails to make full payment for farm products purchased pursuant to this chapter within 10 days after receiving written notice of the fact that the payment is past due:

      (a) Is guilty of a gross misdemeanor, if the amount owed is $1,000 or less.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1305 (Chapter 443, SB 416)ê

 

      (b) [Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000,] Is guilty of a category D felony, if the amount owed is more than $1,000 [.] , and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 334.  NRS 583.495 is hereby amended to read as follows:

      583.495  1.  [Any] A person who:

      (a) Violates any of the provisions of NRS 583.475 and 583.485 is guilty of a misdemeanor.

      (b) Is once convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of [such] those provisions is guilty of a gross misdemeanor.

      (c) Is twice convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of [such] those provisions is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      2.  When construing or enforcing the provisions of NRS 583.255 to 583.555, inclusive, the act, omission or failure of [any] a person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of his employment or office, shall in every case be deemed the act, omission or failure of [such] the individual, partnership, corporation, association or other business unit, as well as of [such] the person.

      3.  [No] A carrier is not subject to the penalties imposed by this section by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier:

      (a) Has knowledge, or is in possession of facts which would cause a reasonable person to believe, that [such] the articles do not comply with the provisions of NRS 583.255 to 583.555, inclusive.

      (b) Refuses to furnish, on request of a representative of the officer, the name and address of the person from whom he received [such] the livestock or poultry carcasses, or parts thereof, and copies of all documents pertaining to the delivery of such carcasses, or parts thereof, to [such] the carrier.

      4.  [No] A person, firm or corporation is not subject to the penalties imposed by this section for receiving for transportation any shipment in violation of NRS 583.255 to 583.555, inclusive, if [such] the receipt was made in good faith, unless [such] the person, firm or corporation refuses to furnish on request of a representative of the officer:

      (a) The name and address of the person from whom he received such shipment; and

      (b) Copies of all documents pertaining to the delivery of the shipment to him.

      Sec. 335.  NRS 583.543 is hereby amended to read as follows:

      583.543  If [any] an inspector or the officer accepts any money, gift or other thing of value from [any] a person, firm or corporation with the knowledge that the money, gift or other thing of value is to influence his official duty pursuant to NRS 583.255 to 583.555, inclusive, he [shall] must be summarily discharged from office and is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1306 (Chapter 443, SB 416)ê

 

shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 336.  NRS 585.550 is hereby amended to read as follows:

      585.550  1.  [Any] A person who manufactures, compounds, processes or packages any drug in a factory, warehouse, laboratory or other location in this state without a license required by NRS 585.245 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not more than 6 years and may be further punished by a fine of not more than $10,000, or by both such fine and imprisonment.

      2.  Any] as provided in NRS 193.130.

      2.  A person who violates any other provision of this chapter is guilty of a gross misdemeanor.

      Sec. 337.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  [Any] A person who violates any court order or injunction issued pursuant to NRS 598.0903 to 598.0997, inclusive, upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0997, inclusive.

      2.  In any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that [any] a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation.

      3.  [Any] A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, 598.100 to 598.280, inclusive, 598.281 to 598.289, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner [of consumer affairs] or the district attorney of any county may bring an action in the name of the State of Nevada seeking:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1307 (Chapter 443, SB 416)ê

 

      (a) The suspension of the person’s privilege to conduct business within this state; or

      (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 338.  NRS 598A.280 is hereby amended to read as follows:

      598A.280  [Any] A person who conspires to, or does, violate any of the provisions of this chapter is guilty of a category D felony [, punishable by imprisonment for not less than 1 year nor more than 6 years or by a fine not exceeding $100,000, or by both such fine and imprisonment for each violation.] and shall be punished as provided in NRS 193.130.

      Sec. 339.  NRS 599B.255 is hereby amended to read as follows:

      599B.255  1.  Except as otherwise provided in section 3 of Senate Bill No. 488 of this [act,] session, the attorney general or the district attorney of any county in this state may prosecute [any] a person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:

      (a) For the first offense within 10 years, is guilty of a misdemeanor.

      (b) For the second offense within 10 years, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years,] as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and [imprisonment.] the punishment provided in NRS 193.130.

      2.  Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      3.  [Any] A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years,] as provided in NRS 193.130, or by a fine of not more than $50,000 , or by both fine and [imprisonment.] the punishment provided in NRS 193.130.

      4.  Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to [179.119,] 179.121, inclusive.

      Sec. 340.  NRS 616.675 is hereby amended to read as follows:

      616.675  Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, [any] a person who knowingly makes a false statement or representation or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1308 (Chapter 443, SB 416)ê

 

      Sec. 341.  NRS 616.678 is hereby amended to read as follows:

      616.678  1.  A person shall not, by any act or omission:

      (a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part;

      (b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to this chapter or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or

      (c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to this chapter or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part.

      2.  A person who violates any of the provisions of this section shall be punished:

      (a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and shall be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than $250, for a misdemeanor, and [shall] must be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.

      Sec. 342.  NRS 616.681 is hereby amended to read as follows:

      616.681  1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

      (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

      (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to this chapter or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.

      2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

      (a) A refund or discount made in the ordinary course of business;

      (b) Reflected by the books and records of the person transferring or receiving it; and

      (c) Reflected in the charges submitted to the insurer.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1309 (Chapter 443, SB 416)ê

 

      3.  A person shall not, while acting on behalf of a provider of health care pursuant to this chapter or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to this chapter or chapter 617 of NRS in connection with the provision of the accident benefits.

      4.  A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

      (a) Is less than $250, is guilty of a gross misdemeanor.

      (b) Is $250 or more, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 343.  NRS 616.682 is hereby amended to read as follows:

      616.682  1.  A person who, upon submitting a charge for or upon receiving payment for accident benefits pursuant to this chapter or chapter 617 of NRS, intentionally fails to maintain such records as are necessary to disclose fully the nature of the accident benefits for which a charge was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received, is guilty of a gross misdemeanor.

      2.  A person who fails to make such records available to the attorney general, manager or the administrator upon reasonable request is guilty of a gross misdemeanor.

      3.  A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 344.  NRS 616.700 is hereby amended to read as follows:

      616.700  [Any] A person who knowingly makes a false statement or representation concerning the employment of [any] a person who is receiving benefits pursuant to this chapter is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 345.  NRS 630.400 is hereby amended to read as follows:

      630.400  [Any] A person who:

      1.  Presents to the board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the board;

      3.  Practices medicine under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by specific statute, practices medicine without being licensed under this chapter;

      5.  Holds himself out as a physician’s assistant or who uses any other term indicating or implying that he is a physician’s assistant without being certified by the board; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1310 (Chapter 443, SB 416)ê

 

      6.  Uses the title M.D., when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 346.  NRS 630A.590 is hereby amended to read as follows:

      630A.590  [Any] A person who:

      1.  Presents to the board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the board;

      3.  Practices homeopathic medicine under a false or assumed name; or

      4.  Practices homeopathic medicine without being licensed under this chapter,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 347.  NRS 630A.600 is hereby amended to read as follows:

      630A.600  [Any] A person who practices homeopathic medicine [, unless licensed under] without a license issued pursuant to this chapter [,] is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 348.  NRS 631.400 is hereby amended to read as follows:

      631.400  1.  [Any] A person who engages in the illegal practice of dentistry in this state, or who practices or offers to practice dental hygiene in this state without a license, or who, having a license, practices dental hygiene in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his third or subsequent offense, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  The board may assign such a person specific duties as a condition of renewing his license.

      3.  Whenever [any] a person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.

      Sec. 349.  NRS 633.741 is hereby amended to read as follows:

      633.741  A person who:

      1.  Practices osteopathic medicine:

      (a) Without a license valid under this chapter; or

      (b) Beyond the limitations ordered upon his practice by the board or the court;

      2.  Presents as his own the diploma, license or credentials of another;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1311 (Chapter 443, SB 416)ê

 

      3.  Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license or an application to employ an osteopathic physician’s assistant;

      4.  Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;

      5.  Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;

      6.  Holds himself out as an osteopathic physician’s assistant or who uses any other term indicating or implying that he is an osteopathic physician’s assistant, unless he has been approved by the board, as provided in this chapter; or

      7.  Employs a person as an osteopathic physician’s assistant before such employment is approved as provided in this chapter,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 350.  NRS 634.227 is hereby amended to read as follows:

      634.227  1.  [Any] A person who:

      (a) Presents to the board as his own [,] the diploma, license or credentials of another;

      (b) Gives false or forged evidence of any kind to the board; or

      (c) Practices chiropractic under a false or assumed name or falsely personates another licensee,

is guilty of a misdemeanor.

      2.  Except as otherwise provided in NRS 634.105 [any] , a person who does not hold a license issued pursuant to this chapter and:

      (a) Practices chiropractic in this state;

      (b) Holds himself out as a chiropractor;

      (c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

      (d) Uses any means which directly or indirectly conveys to another person the impression that he is qualified or licensed to practice chiropractic,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 351.  NRS 638.170 is hereby amended to read as follows:

      638.170  1.  Except as otherwise provided in subsections 2 and 3, [any] a person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      2.  [Any] A person practices veterinary medicine, without a license issued pursuant to the provisions of this chapter, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Any] as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1312 (Chapter 443, SB 416)ê

 

      3.  A person who practices as an animal technician, without a license issued pursuant to the provisions of this chapter, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

      Sec. 352.  NRS 639.2815 is hereby amended to read as follows:

      639.2815  [Any] A pharmacist or practitioner who knowingly submits to the state or any of its political subdivisions or any agent thereof, a charge or claim for drugs or medical supplies furnished to or for [any] a person receiving medical care under any program of public assistance, which is false or which is in excess of any amount established by law or regulations adopted by the department of human resources or by the governing body of any political subdivision, as the price or fee for the furnishing of those drugs or medical supplies, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 353.  NRS 645.850 is hereby amended to read as follows:

      645.850  1.  [Any] A person who:

      (a) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud; or

      (b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Any licensee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $5,000 for each offense.

      3.  [Any] A person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a partnership, association or corporation, shall be punished by a fine of not more than $2,500.

      4.  Any officer or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation of this chapter by the partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

      5.  Nothing in this section releases [any] a person from civil liability or criminal prosecution under the general laws of this state.

      6.  The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      7.  Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1313 (Chapter 443, SB 416)ê

 

      8.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      Sec. 354.  NRS 645B.165 is hereby amended to read as follows:

      645B.165  1.  The amount of any advance fee, salary, deposit or money paid to any mortgage company or other person to obtain a loan which will be secured by a lien on real property must be placed in escrow pending completion of the loan or a commitment for the loan.

      2.  The amount held in escrow must be released:

      (a) Upon completion of the loan or commitment for the loan, to the mortgage company or other person to whom the advance fee, salary, deposit or money was paid.

      (b) If the loan or commitment for the loan fails, to the person who made the payment.

      3.  Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsections 1 and 2 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 4.

      4.  [Any] A person who violates the provisions of subsection 1:

      (a) Is guilty of a misdemeanor if the amount is less than $250;

      (b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or

      (c) [Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment,] Is guilty of a category D felony if the amount is $1,000 or more [.] , and shall be punished as provided in NRS 193.130.

      Sec. 355.  NRS 645B.225 is hereby amended to read as follows:

      645B.225  [Any] A person who violates any provision of NRS 645B.170, 645B.175 or 645B.180:

      1.  Is guilty of a misdemeanor if the amount involved is less than $250;

      2.  Is guilty of a gross misdemeanor if the amount involved is $250 or more but less than $1,000; or

      3.  [Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment,] Is guilty of a category D felony if the amount involved is $1,000 or more [.] , and shall be punished as provided in NRS 193.130.

      Sec. 356.  NRS 646.060 is hereby amended to read as follows:

      646.060  A pawnbroker, and a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.

      2.  Makes a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1314 (Chapter 443, SB 416)ê

 

      4.  Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.

      5.  Reports a material matter falsely to the sheriff or to the chief of police.

      6.  Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes property received or allows it to be removed from his place of business, except upon redemption by the owner thereof, within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.

      8.  Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      9.  Violates any of the provisions of NRS 646.050.

      Sec. 357.  NRS 647.140 is hereby amended to read as follows:

      647.140  A secondhand dealer and a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.

      2.  Makes a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.

      4.  Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.

      5.  Reports a material matter falsely to the sheriff or to the chief of police.

      6.  Fails to report immediately to the sheriff or to the chief or police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business in violation of the provisions of NRS 647.130.

      8.  Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      Sec. 358.  NRS 647.145 is hereby amended to read as follows:

      647.145  1.  Any junk dealer or secondhand dealer, or any agent, employee or representative of a junk dealer or secondhand dealer, who buys or receives any junk which he knows or should reasonably know is ordinarily used by and belongs to a telephone, telegraph, gas, water, electric or transportation company or county, city or other or other political subdivision of this state engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1315 (Chapter 443, SB 416)ê

 

engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.

      2.  [Any] A person convicted of criminally receiving junk is guilty of a category D felony and shall be punished [:

      (a) If he is a junk dealer, or an agent, employee or representative of a junk dealer, by imprisonment in the state prison for not less than 1 year nor more than 6 years or in a county jail for not more than 1 year, or by a fine of not more than $1,000, or by both fine and imprisonment; or

      (b) If he is a secondhand dealer, or an agent, employee or representative of a secondhand dealer, by imprisonment in the state prison for not less than 1 year nor more than 5 years or in a county jail for not more than 1 year, or by a fine of not more than $250, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 359.  NRS 658.155 is hereby amended to read as follows:

      658.155  Any member of the state board of finance, the commissioner or any member of his staff, who willfully neglects to perform any duty required by this Title, or who knowingly makes any false statement concerning any bank, or any injurious statement concerning any bank, except in the exercise of his duty, or who is guilty of malfeasance or corruption in office, is guilty of a category D felony and shall [,] be punished [by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and in addition must be removed from office.] as provided in NRS 193.130.

      Sec. 360.  NRS 666.215 is hereby amended to read as follows:

      666.215  [Any]

      1.  A person who willfully violates any provision of NRS 666.145 is guilty of a category D felony and shall be punished [by imprisonment for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any] as provided in NRS 193.130.

      2.  A person who willfully violates any provision of NRS 666.065 to 666.135, inclusive, or 666.155 to 666.205, inclusive, is guilty of a gross misdemeanor.

      Sec. 361.  NRS 668.015 is hereby amended to read as follows:

      668.015  Every president, director, manager, cashier or other officer or employee of any bank who knowingly prepares, signs, approves or concurs in any account, statement, return, report or document respecting the affairs of the bank, containing any false or deceptive statement, or any return or report required by this Title which does not set forth the true financial conditions of the bank, including in the report or return all the information required by the provisions of this Title, is:

      1.  Guilty of a category D felony [, and upon conviction thereof] and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      2.  Liable for all damages which the bank, its stockholders, creditors or depositors suffer in consequence thereof, and is subject to removal upon order of the commissioner.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1316 (Chapter 443, SB 416)ê

 

      Sec. 362.  NRS 668.045 is hereby amended to read as follows:

      668.045  1.  It is unlawful for [any] a president, director, manager, cashier or other officer or employee of any bank to permit the bank to remain open for business, or to assent to the reception of deposits or the creation of debts by [such] the banking institution, after he has knowledge of the fact that it is insolvent or in failing circumstances. [Every such] An officer, director, manager or agent of [such] a bank shall examine the affairs of the bank and shall know its condition. Upon the failure of any such person to discharge his duty of examination, he [shall,] must be held, for the purpose of this Title, [be held] to have had knowledge of the insolvency of [such] the bank, or that it was in failing circumstances, and shall be deemed to have assented to the receipt of deposits while [such] the bank was [so] insolvent or in failing circumstances. [Every person violating] A person who violates the provisions of this subsection is individually responsible for deposits so received, and all such debts so contracted , [;] but any director who has paid more than his share of such liabilities has a remedy at law against other persons who have not paid their full share of such liabilities for contribution.

      2.  It is unlawful for [any] a president, director, manager, cashier or other officer or employee of any bank willfully to give or concur in giving to [any] a creditor of the bank any fraudulent, undue or unfair preference over other creditors, by giving security to [such] the creditor, or by changing the nature of his claim, or otherwise , [;] but this subsection does not prohibit [such] the bank from giving security for public [moneys] money of the State of Nevada or any political subdivision thereof, the state industrial insurance system, or of the United States, or [any] an officer, agent, agency or department thereof, in the manner provided by law.

      3.  [Every person violating] A person who violates the provisions of this section, or who is an accessory to, or permits or connives at, the receiving or the accepting of any such deposits or the giving of such preferences, is guilty of a category D felony [, and upon conviction thereof] and shall be punished [by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and is liable for all damages sustained by any person in consequence thereof.] as provided in NRS 193.130.

      Sec. 363.  NRS 668.055 is hereby amended to read as follows:

      668.055  [Every] A president, director, manager, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any money, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with the intent to injure or defraud any bank or person, or to deceive any bank, or officer of any bank, and any natural person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:

      1.  Where the amount involved is $250 or more, [by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount involved is less than $250, for a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1317 (Chapter 443, SB 416)ê

 

      Sec. 364.  NRS 668.095 is hereby amended to read as follows:

      668.095  1.  [If any] An examiner of financial institutions who knowingly and willfully makes any false or fraudulent report of the condition of any bank which has been examined by him, with the intent to aid or abet the officers or agents of [such] the bank in continuing to operate an insolvent bank, or if [any such] the examiner keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any report of examination of any bank examined by him, or neglects to make an examination of any bank because of having received or accepted any bribe or gratuity, [he] is guilty of a category C felony and shall be [imprisoned in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  Any] punished as provided in NRS 193.130.

      2.  A person who knowingly aids or abets an examiner of financial institutions or any other person in doing or performing any of the acts prohibited in subsection 1 is guilty of a category C felony and shall be [imprisoned in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      3.  Any] punished as provided in NRS 193.130.

      3.  A person, having knowledge of a report made by an examiner of financial institutions of the condition of any bank, who falsifies, changes, alters or suppresses any such report with the intent to aid or abet the officers or agents of a bank in continuing to operate an insolvent bank, or any such person who keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any such report of examination or to falsify, change, alter or suppress any such report of examination, is guilty of a category C felony and shall be [imprisoned in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] punished as provided in NRS 193.130.

      Sec. 365.  NRS 669.290 is hereby amended to read as follows:

      669.290  [Every] Each officer, employer, director or agent of a trust company who knowingly or willfully neglects to perform any duty required by this chapter or other applicable law, or who knowingly or willfully fails to conform to any material lawful requirement made by the commissioner, is subject to removal upon order of the commissioner, and [upon conviction] is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 366.  NRS 677.810 is hereby amended to read as follows:

      677.810  [Any] A director, officer or employee of a licensee who:

      1.  Asks for or receives or consents or agrees to receive any commission, emolument or gratuity or any money, property or thing of value for procuring or endeavoring to procure for [any] a person any loan from the licensee, or the purchase or discount of any note, contract or other obligation or property by the licensee;

      2.  Knowingly receives or possesses himself of any of its property otherwise than in payment of a just demand, or with the intent to defraud omits to make or cause to be made a full and true entry thereof in its books and accounts or concurs in omitting to make any material entry thereof;

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1318 (Chapter 443, SB 416)ê

 

make or cause to be made a full and true entry thereof in its books and accounts or concurs in omitting to make any material entry thereof;

      3.  Knowingly makes or concurs in making or publishing any false entry in its books or records, any written report, exhibit or statement of its affairs or pecuniary condition containing any material statement which is false, or having the custody of its books willfully refuses or neglects to make any proper entry in the books as required by law, or to exhibit or allow them to be inspected or extracts to be taken therefrom by the commissioner or his deputies or investigators, or alters, conceals, destroys or removes any book or record;

      4.  Embezzles, abstracts or willfully misapplies the money, securities or credits of a licensee, or who, with the intent to injure or defraud the licensee or a customer of the licensee:

      (a) Issues or puts forth a deposit;

      (b) Draws a draft, bill of exchange or mortgage; or

      (c) Otherwise uses his position or employment with a licensee; or

      5.  Knowingly aids or abets the commission of an act prohibited by this section,

is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years,] as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and [imprisonment.] the punishment provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 367.  NRS 677.850 is hereby amended to read as follows:

      677.850  [Every] Each officer or employee of any company who accepts deposits knowing:

      1.  That the company is insolvent; or

      2.  That the acceptance violates any provision of this chapter or any order or regulation of the commissioner,

is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 368.  NRS 686A.290 is hereby amended to read as follows:

      686A.290  1.  An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for insurance.

      2.  [Any] A person who violates this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 369.  NRS 686A.291 is hereby amended to read as follows:

      686A.291  [Any] A person who knowingly and willfully:

      1.  Presents or causes to be presented to any insurer, any false, incomplete or misleading information concerning a material fact whether written or oral, as a part of or in support of any claim for payment, reimbursement or other benefit;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1319 (Chapter 443, SB 416)ê

 

      2.  Assists, abets or conspires with another person to prepare, present or cause to be presented any false, incomplete or misleading information concerning a material fact, whether written or oral, as a part of, or in support of any claim for payment, reimbursement or other benefit; or

      3.  Conceals or fails to disclose any event affecting [any] a person’s initial or continued right to any benefit or payment to which the person is entitled, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 370.  NRS 692B.040 is hereby amended to read as follows:

      692B.040  1.  A person forming or proposing to form a domestic insurer, or insurance holding corporation thereof, or corporation to be attorney in fact for a domestic reciprocal insurer, or proposing to secure funds for the formation or financing of a domestic insurer, or production of insurance business therefor, or for an insurance holding corporation holding or proposing to hold securities of a domestic insurer, or for an attorney in fact corporation of a domestic reciprocal insurer, or for the formation or financing of a syndicate, association, firm, partnership or organization for any such purposes, shall not in this state advertise or offer for sale any securities or policies, or solicit or receive any funds, subscriptions, applications, premiums or memberships, except as authorized by a currently effective permit , [(] in this chapter sometimes referred to as a “solicitation permit , ” [”)] issued by the commissioner.

      2.  [Every person violating] A person who violates the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 371.  NRS 692C.480 is hereby amended to read as follows:

      692C.480  1.  Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this chapter, the commissioner may cause criminal proceedings to be instituted in the county in which the principal office of the insurer is located or if [such insurer has no] the insurer does not have such an office in the state then in Carson City against that insurer or the responsible director, officer, employee or agent thereof.

      2.  [Any] An insurer which willfully violates this chapter shall be punished by a fine of not more than $20,000.

      3.  [Any] A natural person who willfully violates this chapter is guilty of a category D felony and shall be punished [by a fine of not more than $5,000, or if the willful violation involves the deliberate perpetration of a fraud upon the commissioner, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 372.  NRS 693A.070 is hereby amended to read as follows:

      693A.070  1.  [No] A person shall not remove all or any material part of the records or assets of a domestic insurer from this state except pursuant to a plan of merger, consolidation or bulk reinsurance approved by the commissioner under this code, or for such other reasonable purposes and periods of time as may be permissible under NRS 693A.050 and 693A.060, or as may have been approved by the commissioner in writing in advance of such removal.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1320 (Chapter 443, SB 416)ê

 

plan of merger, consolidation or bulk reinsurance approved by the commissioner under this code, or for such other reasonable purposes and periods of time as may be permissible under NRS 693A.050 and 693A.060, or as may have been approved by the commissioner in writing in advance of such removal.

      2.  [No] A person shall not conceal any such records or assets from the commissioner.

      3.  [Any] A person who unlawfully removes or attempts to remove such records or assets or such material part thereof from the principal place of business of the insurer or place of safekeeping thereof, or who unlawfully conceals or attempts to conceal the same from the commissioner, is guilty of a category D felony [.] and shall be punished as provided in NRS 193.130.

      4.  Upon any unlawful removal or attempted removal of such records or assets, or upon retention of such records or assets or material part thereof outside this state in violation of the terms of the applicable consent of the commissioner, or upon any unlawful concealment of or attempt to conceal records or assets, the commissioner may, in his discretion, institute delinquency proceedings against the insurer pursuant to chapter 696B of NRS (conservation, rehabilitation and liquidation).

      Sec. 373.  NRS 704.800 is hereby amended to read as follows:

      704.800  1.  It is unlawful for a person to obtain any water, gas, electricity, power or other service, goods or product provided by a public utility with the intent to avoid payment therefor, by:

      (a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the state, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricity or power belonging to another;

      (b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;

      (c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water, gas, electricity or power used or supplied; or

      (d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.

      2.  If the value of the service involved or the property damaged or stolen is:

      (a) Five hundred dollars or more, a person [violating] who violates the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1321 (Chapter 443, SB 416)ê

 

imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) Less than $500, a person [violating] who violates the provisions of this section is guilty of a misdemeanor.

In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in this state, or when the charges for the service would have been billable in the normal course by a person providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 374.  NRS 705.460 is hereby amended to read as follows:

      705.460  [Every] A person who willfully and maliciously places any obstruction on the tract of any railroad in this state, or tears up or removes any part or portion of a railroad, or destroys, deranges, misplaces or injures any rail, switch, block or other signaling device, culvert, viaduct, bridge, car, tender or engine, or willfully and maliciously does or attempts to do any of [such] those things, or any other act or thing, whereby the life and limb of [such] a person may be endangered, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for a period of not less than 2 years nor more than 20 years.] as provided in NRS 193.130.

      Sec. 375.  Sections 1 and 2 of Senate Bill No. 39 of this session are hereby amended to read as follows:

       Section 1.  NRS 200.471 is hereby amended to read as follows:

       200.471  1.  As used in this section:

       (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

       (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; [or]

             (4) A jailer, guard, matron or other correctional officer of a city or county jail [.] ; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.

       (c) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

       2.  A person convicted of an assault shall be punished:

       (a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1322 (Chapter 443, SB 416)ê

 

       (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

       (c) If the assault is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

       Sec. 2.  NRS 200.481 is hereby amended to read as follows:

       200.481  1.  As used in this section:

       (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

       (b) “Child” means a person less than 18 years of age.

       (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; [or]

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility [.] ; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.

       (d) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

       2.  A person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

       (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

       (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

       (c) If the battery is committed upon an officer or a school employee and:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1323 (Chapter 443, SB 416)ê

 

             (1) The officer or school employee was performing his duty;

             (2) The officer or school employee suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer or a school employee,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

       (d) If the battery is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

       (e) If the battery is committed with the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

       (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

       (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

      Sec. 376.  Sections 1 and 3 of Assembly Bill No. 108 of this session are hereby amended to read as follows:

       Section 1.  NRS 205.220 is hereby amended to read as follows:

       205.220  Except as otherwise provided in NRS 205.225 and 205.237, a person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $250 or more, or the motor vehicle or firearm of another regardless of its value, is guilty of grand larceny which is a category B felony and shall be punished 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 and by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.

       Sec. 3.  NRS 205.275 is hereby amended to read as follows:

       205.275  1.  A person who, for his own gain, or to prevent the owner from again possessing his property, buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:

       (a) Knowing that the goods or property were so obtained; or

       (b) Under such circumstances as should have caused a reasonable man to know that the goods or property were so obtained, is guilty of a category B felony and shall be punished 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, or by a fine of not more than $10,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1324 (Chapter 443, SB 416)ê

 

is guilty of a category B felony and shall be punished 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, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal. In addition to any other penalty, the court shall order the person to pay restitution.

       2.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

       3.  [A] Except as otherwise provided in subsection 4, a person convicted of the offense specified in this section must not be condemned to imprisonment in the state prison, unless [the value of] the thing bought, received, possessed or withheld [is] has a value of $250 or more, but the person shall be punished as provided in cases of petit larceny.

       4.  If the thing bought, received, possessed or withheld is a firearm, regardless of its value, the person convicted of the offense specified in this section is guilty of a category B felony and shall be punished 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, and by a fine of not more than $10,000.

      Sec. 377.  Sections 4 and 6 of Senate Bill No. 114 of this session are hereby amended to read as follows:

       Sec. 4.  NRS 200.575 is hereby amended to read as follows:

       200.575  1.  A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:

       (a) For the first offense, is guilty of a misdemeanor.

       (b) For any subsequent offense, is guilty of a gross misdemeanor.

       2.  A person who [commits] :

       (a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death substantial bodily harm ;

       (b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or

       (c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,

commits the crime of aggravated stalking . [which is a category B felony.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1325 (Chapter 443, SB 416)ê

 

       3.  A person who commits the crime of aggravated stalking shall be punished :

       (a) If he commits the crime set forth in paragraph (a) of subsection 2, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

       (b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:

             (1) For the first offense, for a gross misdemeanor.

             (2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 years and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

       [3.] 4.  Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

       [4.] 5.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

       [5.] 6.  As used in this section:

       (a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.

       (b) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

             (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

             (2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

             (3) The activities of a person that are carried out in the normal course of his lawful employment.

             (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

       Sec. 6.  NRS 200.591 is hereby amended to read as follows:

       200.591  1.  A person who reasonably believes that the crime of stalking, aggravated stalking or harassment in being committed against him by another person may petition any court of competent jurisdiction for [an] a temporary or extended order directing the person who is allegedly committing the crime to:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1326 (Chapter 443, SB 416)ê

 

       (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

       (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.

       2.  If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue [an] a temporary or extended order or provide as a condition of the release or sentence that the defendant:

       (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

       (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.

       3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after notice to the adverse party and a hearing on the petition.

       4.  If an extended order is issued by a justice’s court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

       5.  Any person who intentionally violates [a court order issued pursuant to subsection 1 or 2 is guilty of a gross misdemeanor.

       4.  A] :

       (a) A temporary order is guilty of a gross misdemeanor.

       (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

       6.  Any court order issued pursuant to this section must:

       (a) Be in writing;

       (b) Be personally served on the person to whom it is directed; and

       (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest . [; and]

             (2) Is a gross misdemeanor [.

       5.  Each court that issues an order pursuant to this section shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

       6.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has reasonable cause to believe that:

       (a) An order has been issued pursuant to this section to the person to be arrested;

       (b) The person to be arrested has received a copy of the order; and


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1327 (Chapter 443, SB 416)ê

 

       (c) The person to be arrested is acting in violation of the order.

       7.  Any law enforcement agency in this state may enforce a court order issued pursuant to this section.] if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

      Sec. 378.  Sections 2 and 3 of Senate Bill No. 317 of this session are hereby amended to read as follows:

       Sec. 2.  NRS 201.210 is hereby amended to read as follows:

       201.210  1.  A person who commits any act of open or gross lewdness is guilty:

       (a) For the first offense, of a gross misdemeanor.

       (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

       2.  A person convicted of violating the provisions of subsection 1 must not be:

       (a) Paroled unless a board consisting of:

             (1) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             (2) The director of the department of prisons; and

             (3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.

       (b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

       3.  For the purposes of this section, the breast feeding of a child by the child’s mother does not constitute an act of open or gross lewdness.

       Sec. 3.  NRS 201.220 is hereby amended to read as follows:

       201.220  1.  A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

       (a) For the first offense, of a gross misdemeanor.

       (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

       2.  A person convicted of violating any of the provisions of subsection 1 must not be:

       (a) Paroled unless a board consisting of:

             (1) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             (2) The director of the department of prisons; and

             (3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1328 (Chapter 443, SB 416)ê

 

the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.

       (b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

       3.  For the purposes of this section, the breast feeding of a child by the child’s mother does not constitute an act of open and indecent or obscene exposure of her body.

      Sec. 379.  Section 2 of Assembly Bill No. 59 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 616.675 is hereby amended to read as follows:

       616.675  Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, a person who knowingly makes a false statement or representation or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, [is guilty of a category D felony and] shall be punished as follows:

       1.  If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

       2.  If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 380.  Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:

       Section 1.  NRS 176.185 is hereby amended to read as follows:

       176.185  1.  [Whenever] Except as otherwise provided in this section, whenever a person is found guilty in a district court of a crime upon verdict or plea, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this session or a habitual felon pursuant to section 180 of [this act,] Senate Bill No. 416 of this session, the court:

       (a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the person pursuant to NRS 193.130; or

       (b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

       2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of [this act.]


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1329 (Chapter 443, SB 416)ê

 

pursuant to sections 197 to 204, inclusive, of [this act.] Senate Bill No. 416 of this session.

       3.  The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

       4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

       5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

       6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 381.  Sections 30, 33 and 36 of Senate Bill No. 385 of this session are hereby amended to read as follows:

       Sec. 30  NRS 453.232 is hereby amended to read as follows:

       453.232  A person who [manufactures, distributes or] dispenses a controlled substance without being registered by the board if required by NRS 453.231 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       Sec. 33.  NRS 453.256 is hereby amended to read as follows:

       453.256  1.  [As used in this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

       2.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, and] Except as otherwise provided in subsection [3,] 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

       [3.] 2.  A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:

       (a) In an emergency, as defined by regulation of the board, [a substance included in schedule II may be dispensed] upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1330 (Chapter 443, SB 416)ê

 

       (b) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:

             (1) Direct administration to a patient by parenteral solution; or

             (2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the health division of the department of human resources.

A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, such a prescription constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included in schedule II must not be refilled.

       [4.] 3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

       [5.] 4.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

       [6.] 5.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his profession.

       [7.] 6.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

       [8.] 7.  An individual practitioner may not dispense a substance included in schedule II, III or IV for his own personal use except in a medical emergency.

       [9.] 8.  A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

       9.  As used in this section:

       (a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

       (b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

       (c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.

       Sec. 36.  NRS 454.221 is hereby amended to read as follows:

       454.221  1.  A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1331 (Chapter 443, SB 416)ê

 

       2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

       (a) A practitioner to his [own] patients;

       (b) A physician’s assistant if authorized by the board;

       (c) A registered nurse while participating in a public health program approved by the board, or an advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;

       (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

       (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the state health officer or his designated medical director of emergency medical services, to a person or agency described in subsection 3 of [NRS 453.510] section 4 of this act to stock ambulances or other authorized vehicles or replenish the stock; or

       (f) A pharmacy in a correctional institution to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.

      Sec. 382.  Section 12 of Senate Bill No. 192 of this session is hereby amended to read as follows:

       Sec. 12.  NRS 213.1099 is hereby amended to read as follows:

       213.1099  1.  Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.160, inclusive, and section 5 of Senate Bill No. 61 of this session.

       2.  In determining whether to release a prisoner on parole, the board shall consider:

       (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

       (b) Whether the release is incompatible with the welfare of society;

       (c) The seriousness of the offense and the history of criminal conduct of the prisoner; and

       (d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief . [parole and probation officer.]

       3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

       4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order [that he] to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1332 (Chapter 443, SB 416)ê

 

in the state prison, is not under an order [that he] to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

       (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

       (b) Repetitive criminal conduct;

       (c) Criminal conduct related to the use of alcohol or drugs;

       (d) Repetitive sexual deviance, violence or aggression; or

       (e) Failure in parole, probation, work release or similar programs.

       5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

       6.  The board shall not release on parole a sex offender until the law enforcement agency in whose jurisdiction a sex offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to section 10 of this act.

      Sec. 383.  Section 1 of Senate Bill No. 375 of this session is hereby amended to read as follows:

       Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

       Unless a greater penalty is otherwise provided by statute and except under the circumstances described in NRS 484.377, a person who performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property shall be punished:

       1.  If the act or neglect does not result in the substantial bodily harm or death of a person, for a gross misdemeanor.

       2.  If the act or neglect results in the substantial bodily harm or death of a person, for a category C felony [.] as provided in NRS 193.130.

      Sec. 384.  Section 4 of Senate Bill No. 513 of this session is hereby amended to read as follows:

       Sec. 4.  NRS 207.195 is hereby amended to read as follows:

       207.195  1.  If a monetary instrument represents the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for a person, having knowledge of that fact:

       (a) To conduct or attempt to conduct a financial transaction involving the instrument:

             (1) With the intent to further any unlawful activity;

             (2) With the knowledge that the transaction conceals the location, source, ownership or control of the instrument; or

             (3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.

       (b) To transport or attempt to transport the monetary instrument:

             (1) With the intent to further any unlawful activity;

             (2) With the knowledge that the transportation conceals the location, source, ownership or control of any proceeds derived from unlawful activity; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1333 (Chapter 443, SB 416)ê

 

             (3) With the knowledge that the transportation evades any provision of federal or state law that requires the reporting of a financial transaction.

       2.  It is unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade a regulation adopted pursuant to NRS 463.125.

       3.  A person who violates any provision of subsection 1 or 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       [3.] 4.  Each violation of subsection 1 or 2 involving one or more monetary instruments totaling $10,000 or more shall be deemed a separate offense.

       [4.] 5.  As used in this section:

       (a) “Financial transaction” means any purchase, sale, loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving a monetary instrument. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.

       (b) “Monetary instrument” includes any coin or currency of the United States or any other country, any traveler’s check, personal check, money order, bank check, cashier’s check, stock, bond, precious metal, precious stone or gem or any negotiable instrument to which title passes upon delivery. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.

       (c) “Unlawful activity” includes any crime related to racketeering as defined in NRS 207.360 or any offense punishable as a felony pursuant to state or federal statute. The term does not include any procedural error in the acceptance of a credit instrument, as defined in NRS 463.01467, by a person who holds a nonrestricted gaming license.

      Sec. 385.  Sections 2, 3 and 7 of Assembly Bill No. 645 of this session are hereby amended to read as follows:

       Sec. 2.  NRS 630A.590 is hereby amended to read as follows:

       630A.590  A person who:

       1.  Presents to the board as his own the diploma, license or credentials of another;

       2.  Gives either false or forged evidence of any kind to the board;

       3.  Practices homeopathic medicine under a false or assumed name; or

       4.  [Practices] Except as otherwise provided in section 1 of this act, practices homeopathic medicine without being licensed under this chapter,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       Sec. 3.  NRS 630A.600 is hereby amended to read as follows:

       630A.600  [A] Except as otherwise provided in section 1 of this act, a person who practices homeopathic medicine without a license issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       Sec. 7.  NRS 633.741 is hereby amended to read as follows:

       633.741  A person who:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1334 (Chapter 443, SB 416)ê

 

       1.  [Practices] Except as otherwise provided in section 1 of this act, practices osteopathic medicine:

       (a) Without a license valid under this chapter; or

       (b) Beyond the limitations ordered upon his practice by the board or the court;

       2.  Presents as his own the diploma, license or credentials of another;

       3.  Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license or an application to employ an osteopathic physician’s assistant;

       4.  Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;

       5.  Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;

       6.  Holds himself out as an osteopathic physician’s assistant or who uses any other term indicating or implying that he is an osteopathic physician’s assistant, unless he has been approved by the board, as provided in this chapter; or

       7.  Employs a person as an osteopathic physician’s assistant before such employment is approved as provided in this chapter,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 386.  Section 2 of Assembly Bill No. 93 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 209.429 is hereby amended to read as follows:

       209.429  1.  The director [may, at the request of an offender who has:

       (a) Established a position of employment in the community; and

       (b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,

assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.] if:

       (a) The offender has established a position of employment in the community;

       (b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and

       (c) The director believes that the offender will be able to:

             (1) Comply with the terms and conditions required under residential confinement; and

             (2) Complete successfully the remainder of the program of treatment while under residential confinement.

If an offender assigned to the program of treatment pursuant to subsection 3 of NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1335 (Chapter 443, SB 416)ê

 

earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

       2.  Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:

       (a) He will comply with the terms or conditions of his residential confinement; and

       (b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

       3.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

       (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

       (b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.

       4.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

       (a) A continuation of his imprisonment and not a release on parole; and

       (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

       5.  A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, and section 3 of this act, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 387.  Section 6 of Assembly Bill No. 378 of this session is hereby amended to read as follows:

       Sec. 6.  NRS 200.481 is hereby amended to read as follows:

       200.481  1.  As used in this section:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1336 (Chapter 443, SB 416)ê

 

       (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

       (b) “Child” means a person less than 18 years of age.

       (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.

       (d) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

       2.  A person convicted of battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

       (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing , with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

       (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

       (c) If a battery is committed upon an officer or a school employee and:

             (1) The officer or school employee was performing his duty;

             (2) The officer or school employee suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer or school employee,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

       (d) If the battery is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1337 (Chapter 443, SB 416)ê

 

       (e) If the battery is committed with the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

       (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

       (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

      Sec. 388.  Sections 2, 5, 6 and 7 of Assembly Bill No. 405 of this session are hereby amended to read as follows:

       Sec. 2.  A person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000, or by both fine and imprisonment.

       Sec. 5.  NRS 200.710 is hereby amended to read as follows:

       200.710  1.  A person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750.

       2.  A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.

       Sec. 6.  NRS 200.720 is hereby amended to read as follows:

       200.720  A person who knowingly promotes a performance of a minor [where he] :

       1.  Where the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct ; or

       2.  Where the minor is the subject of a sexual portrayal,

is guilty of a category A felony and shall be punished as provided in NRS 200.750.

       Sec. 7.  NRS 200.730 is hereby amended to read as follows:

       200.730  A person who knowingly and willfully has in his possession for any purpose any film, photograph or other visual presentation 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:

       1.  For the first offense, is guilty of a [gross misdemeanor.] category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1338 (Chapter 443, SB 416)ê

 

minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

       2.  For any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, and may be further punished by a fine of not more than $5,000.

      Sec. 389.  Section 2 of Assembly Bill No. 570 of this session is hereby amended to read as follows:

       Sec. 2.  1.  A person who:

       (a) Has been convicted in this state of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and

       (b) Has previously been two times convicted, whether in this state or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection, is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years [nor] and a maximum term of not more than 20 years, if the victim of each offense was 65 years of age or older or a mentally disabled person.

       2.  The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:

       (a) Sixty-five years of age or older; or

       (b) A mentally disabled person.

       3.  As used in this section, “mentally disabled person” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:

       (a) Is mentally retarded;

       (b) Suffers from a severe mental or emotional illness;

       (c) Has a severe learning disability; or

       (d) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.

      Sec. 390.  Section 1 of Assembly Bill No. 534 of this session is hereby amended to read as follows:

       Section 1.  NRS 200.359 is hereby amended to read as follows:

       200.359  1.  A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:

       (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1339 (Chapter 443, SB 416)ê

 

       (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       2.  A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.

       3.  If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.

       4.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

       (a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and

       (b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125 or 125A or NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.

       5.  Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.

       6.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

       (a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or

       (b) The interests of justice require that the defendant be punished as for a misdemeanor.

       7.  A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.

       8.  This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides protective services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:

       (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1340 (Chapter 443, SB 416)ê

 

       (b) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 391.  Section 11 of Assembly Bill No. 438 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 454.316 is hereby amended to read as follows:

       454.316  1.  Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to him by a pharmacist pursuant to a legal prescription or by a practitioner, is guilty of a gross misdemeanor. A person who has been twice previously convicted of any offense:

       (a) Described in this section; or

       (b) Pursuant to any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

is guilty of a category E felony and shall be punished as provided in NRS 193.130.

       2.  A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his own premises.

       [3.  A prescription is not required for an optometrist certified pursuant to NRS 636.382 to possess drugs which he is authorized to use pursuant to chapter 636 of NRS.]

      Sec. 392.  Sections 1 and 2 of Senate Bill No. 192 of this session, section 3 of Senate Bill No. 513 of this session, section 1 of Assembly Bill No. 256 of this session and sections 3 and 11 of Assembly Bill No. 570 of this session are hereby repealed.

      Sec. 393.  The amendatory provisions of sections 1 to 230, inclusive, and 232 to 374, inclusive, of this act do not apply to offenses which are committed before July 1, 1995.

      Sec. 394.  1.  This section and sections 1 to 181, inclusive, 183 to 194, inclusive 196 to 207, inclusive, 209 to 338, inclusive, 340 to 355, inclusive, 358 to 379, inclusive, 381 to 388, inclusive, and 390 to 393, inclusive, of this act become effective on July 1, 1995.

      2.  Sections 182, 195, 208, 339, 356, 357, 380 and 389 of this act become effective at 12:01 a.m. on July 1, 1995.

 

________


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1341ê

 

CHAPTER 444, AB 317

Assembly Bill No. 317–Committee on Judiciary

CHAPTER 444

AN ACT relating to the judicial system; making various changes regarding the certification of juveniles for trial as adults; making various other changes to proceedings in juvenile court; creating the advisory commission on sentencing; revising the provisions governing the alternatives for court action upon the arrest of a probationer; providing a penalty for certain convicted habitually violent felons; prohibiting the state board of pardons commissioners from commuting a sentence of death or sentence of life imprisonment without the possibility of parole to a sentence allowing parole; extending the limit on the time for rehearing following the denial of certain applications for parole; and providing other matters properly relating thereto.

 

[Approved June 30, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.020 is hereby amended to read as follows:

      62.020  As used in this chapter, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older, a person between the ages of [16] 14 and 18 who has been certified as an adult , [or] a person less than 18 years of age who has been convicted [of a] as an adult for murder, attempted murder, or any lesser offense included in either, [and sentenced as an adult.] or a person 16 years of age or older who is not subject to the jurisdiction of the juvenile court, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and who is now charged with or has been convicted as an adult for:

      (a) A sexual assault involving the use or threatened use of force or violence against the victim; or

      (b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.

      2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.

      3.  “Court” means the juvenile division of the district court.

      4.  “Judge” means the judge of the juvenile division of the district court.

      5.  “Juvenile court” or “juvenile division” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      6.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:

      (a) [Manslaughter;] A violation of chapter 484 or 706 of NRS that causes the death of a person;

      (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or

      (c) Any traffic offense declared to be a felony.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1342 (Chapter 444, AB 317)ê

 

      Sec. 2.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is [an] a habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada except [murder] :

             (1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder . [, or violates a county or municipal ordinance or any rule or regulation having the force of law.]

             (2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:

             (I) A sexual assault involving the use or threatened use of force or violence against the victim; or

             (II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

      (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

      (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

      Sec. 3.  NRS 62.050 is hereby amended to read as follows:

      62.050  If, during the pendency of a criminal or quasi-criminal charge, except a charge of [murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder,] a crime excluded from the original jurisdiction of the court pursuant to NRS 62.040, brought against a person in any court, it is ascertained that the person was under the age of 18 years when the alleged offense was committed, the court shall [forthwith] immediately transfer the case and record to the juvenile division.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1343 (Chapter 444, AB 317)ê

 

The court making [such] the transfer shall order the child to be taken [forthwith] immediately to the place of detention designated by the juvenile division or to that court itself, or release the child to the custody of some suitable person, to be brought before the court at a time designated.

      Sec. 4.  NRS 62.060 is hereby amended to read as follows:

      62.060  1.  Whenever any person [over the age of 18 years and under the age of 21 years is accused of a felony or a gross misdemeanor] between the ages of 16 years and 18 years, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult, is accused of:

      (a) A sexual assault involving the use or threatened use of force or violence against the victim; or

      (b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense,

and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging that person with the commission of [a felony or a gross misdemeanor,] the crime, and a preliminary hearing has been held or conditionally waived, the district judge may, in his discretion and with consent of the accused, or upon his request, arrest the proceeding at the time of the arraignment or at any time before the impanelment of the jury [, except where the crime charged is murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder,] and transfer the case to the juvenile division of the district court. The judge of the juvenile division may investigate the charge against the defendant and may order the probation officer to investigate all facts and circumstances necessary to assist the judge in determining the proper disposition of the case. The judge of the juvenile division shall thereupon determine whether proceedings against the person charged must be conducted pursuant to the provisions of this chapter.

      2.  If the judge of the juvenile division is satisfied upon such an investigation that proceedings against the person charged must be conducted pursuant to the provisions of this chapter, he may order that the proceedings be conducted as provided in this chapter for the disposition of a child under the age of 18 years.

      3.  If [no] a request is not made by the defendant for proceedings pursuant to the provisions of this chapter, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceedings pursuant to the provisions of this chapter, the person must be [certified for] subjected to criminal proceedings conducted in the manner provided for adults and his case must be transferred out of the juvenile division.

      4.  If a case is transferred out of the juvenile division pursuant to subsection 3, original jurisdiction over the person charged rests with the court to whom the case has been transferred and the person charged may not petition for transfer back to the juvenile division except upon the grounds of exceptional circumstances.

      Sec. 5.  NRS 62.080 is hereby amended to read as follows:

      62.080  1.  [If] Except as otherwise provided in subsection 2, if a child [16] 14 years of age or older is charged with an offense which would be a felony if committed by an adult, the juvenile division of the district court, after full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court which would have jurisdiction to try the offense if committed by an adult, but [no child may] a child must not be so certified unless he was [16] 14 years of age or older at the time he allegedly committed the offense charged.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1344 (Chapter 444, AB 317)ê

 

felony if committed by an adult, the juvenile division of the district court, after full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court which would have jurisdiction to try the offense if committed by an adult, but [no child may] a child must not be so certified unless he was [16] 14 years of age or older at the time he allegedly committed the offense charged.

      2.  If a child 14 years of age or older is charged with:

      (a) A sexual assault involving the use or threatened use of force or violence against the victim; or

      (b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense,

and the child was 14 years of age or older at the time he allegedly committed the offense charged, the juvenile division of the district court, after full investigation, shall certify the child for proper criminal proceedings to any court which would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds that the child was not a principal actor in the offense or that exceptional circumstances exist because the child’s actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile division.

      3.  Except as otherwise provided in subsection [3,] 4, after such a child has been certified for proper criminal proceedings and his case has been transferred out of the juvenile division, original jurisdiction of his person for that case and any offense with which he is later charged rests with the court [to which he has been certified] which would have jurisdiction of the offense if the offense were committed by an adult and he may thereafter petition for transfer back to the juvenile division only upon a showing of exceptional circumstances. If a child is remanded to the juvenile division, the judge of that division shall determine whether the exceptional circumstances warrant accepting jurisdiction.

      [3.] 4.  If a child is certified as an adult pursuant to subsection 1, original jurisdiction of his person for any offense with which he is later charged does not rest with the court [to which he has been certified] which would have jurisdiction of the offense if the offense were committed by an adult if the case that was transferred out of the juvenile division is dismissed or he is found not guilty of those charges.

      Sec. 6.  NRS 62.170 is hereby amended to read as follows:

      62.170  1.  Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1345 (Chapter 444, AB 317)ê

 

attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

      2.  If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the child’s home in lieu of detention at a facility for the detention of juveniles.

      3.  A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

      (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

      (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

      (c) The child was brought to the probation officer pursuant to a court order or warrant; or

      (d) The child is a fugitive from another jurisdiction.

      4.  A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.

      5.  A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult convicted of a crime or under arrest and charged with a crime, unless:

      (a) The child is alleged to be delinquent;

      (b) [No] An alternative facility is not available; and

      (c) The child is separated by sight and sound from any adults who are confined or detained therein.

      6.  A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master:

      (a) Within 24 hours after the child submits a written application;

      (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

      (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

      (d) Within 72 hours after the commencement of detention at a facility in which [no] adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

      7.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1346 (Chapter 444, AB 317)ê

 

him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.410. The certificate of attendance must not set forth the name of the child or the offense alleged.

      8.  A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, except as otherwise provided in subsection 9 or unless the court holds a detention hearing and determines the child:

      (a) Has threatened to run away from home or from the shelter;

      (b) Is accused of violent behavior at home; or

      (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

      9.  A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision or to a shelter for care, if the court holds a detention hearing and determines the child:

      (a) Is a ward of a federal court or held pursuant to federal statute;

      (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

      (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

      10.  During the pendency of a criminal or quasi-criminal charge of [murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder,] a crime excluded from the original jurisdiction of the court pursuant to NRS 62.040, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.

      11.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

      Sec. 7.  NRS 62.193 is hereby amended to read as follows:

      62.193  1.  Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1347 (Chapter 444, AB 317)ê

 

from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. [The] All proceedings pursuant to this chapter must be open to the general public unless the judge, or in case of a reference, the referee, upon his own motion or upon the motion of another person, determines that all or part of the proceedings must be closed to the general public because such closure is in the best interests of the child or the general public. If the judge or referee determines that all or part of the proceedings must be closed to the general public, the general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge [, or, in case of a reference, as ordered by the] or referee. The judge or referee in his sole discretion may determine that a victim or any member of a victim’s family is a person having a direct interest in the case who may be admitted to the proceedings.

      2.  The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employer’s copy of the notice must set forth the date and time of the hearing and the provisions of NRS 62.410. The employer’s copy of the notice must not set forth the name of the child or the offense alleged.

      3.  The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.

      4.  If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care previously ordered in the proceedings, unless otherwise ordered by the court.

      5.  If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection and except as otherwise provided in NRS 62.214, proceed immediately to make a proper disposition of the case.

      6.  In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.

      7.  On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1348 (Chapter 444, AB 317)ê

 

      8.  If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.

      9.  Unless the court by written order extends the time for disposition of the case and sets forth specific reasons for the extension, the court shall make its final disposition no later than 60 days after the petition was filed.

      10.  The [district attorney may] prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act [. The victim shall not disclose to any other person the information so disclosed by the district attorney.] if the victim, or a parent or guardian of the victim, requests such a disclosure.

      Sec. 8.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court [must] shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and [must] shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

      (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1349 (Chapter 444, AB 317)ê

 

      (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

      (h) Order the suspension of the child’s driver’s license for not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from applying for a driver’s license for not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall not report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record or require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

      (i) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

      [(f)] (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

      [(g)] (k) Require the child to provide restitution to the victim of the crime which the child has committed.

      [(h)] (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      2.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, [it] the court shall include the finding in its order and may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1350 (Chapter 444, AB 317)ê

 

and may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public [.] or the child.

      3.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      4.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      5.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 9.  NRS 62.223 is hereby amended to read as follows:

      62.223  1.  If a child is found to:

      (a) Have committed a minor traffic offense, except one related to metered parking, and a fine is imposed pursuant to subsection 1 of NRS 62.221; or

      (b) Be within the purview of this chapter and a fine is imposed pursuant to paragraph [(h)] (l) of subsection 1 of NRS 62.211,

the judge or other judicial officer shall order the child to pay an administrative assessment of $10 in addition to the fine.

      2.  The money collected for an administrative assessment must be stated separately on the court’s docket. If the child is found not to have committed the offense or the charges are dropped, the money deposited with the court must be returned to the child.

      3.  The money collected for administrative assessments imposed pursuant to this section must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a special account for the use of the county’s juvenile court or for services to juvenile offenders.

      Sec. 10.  NRS 62.226 is hereby amended to read as follows:

      62.226  1.  Except as otherwise provided in subsection 3, whenever any child is found to have committed the unlawful act of:

      (a) Using, possessing, selling or distributing a controlled substance; or

      (b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, may, if the child possesses a driver’s license, issue an order suspending the child’s driver’s license for [6 months.] not more than 2 years. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1351 (Chapter 444, AB 317)ê

 

department of motor vehicles and public safety the licenses, together with a copy of the order.

      2.  If the child does not possess a driver’s license and the child is or will be eligible to apply for a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver’s license [within the 6 months:] for a period specified by the court but not to exceed 2 years:

      (a) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

      (b) After the date the child will be eligible to apply for a driver’s license, if the child is not eligible to apply for [such] a license on the date of the order. The court shall, within 5 days after issuing the order, forward to the department a copy of the order.

      3.  If a child is [found to have committed a subsequent unlawful act as set forth in subsection 1, the court shall order the suspension or delay, as appropriate, in issuance of his driver’s license. If the child is] already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order [an] the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      4.  The department of motor vehicles and public safety shall not:

      (a) Treat such an unlawful act in the manner statutorily required for moving traffic violations.

      (b) Report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record.

      (c) Require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.

      Sec. 11.  NRS 62.350 is hereby amended to read as follows:

      62.350  1.  The fingerprints of a child [14 years of age or older] who is arrested for an act that would be a felony if committed by an adult may be taken and retained by law enforcement officers as provided in subsection [4.

      2.  If a child under 14 years of age is being investigated for an act that would be a felony if committed by an adult, he may be fingerprinted with a proper court order.

      3.] 3.

      2.  If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of a child in custody, he may fingerprint the child [, regardless of his age or the nature of the offense,] for the purpose of making an immediate comparison with the latent fingerprints. If [the child is under 14 years of age and] the comparison is:

      (a) Negative, the fingerprint card and other copies of the fingerprints taken [must] may be immediately destroyed [.] or may be retained for future use.

      (b) Positive, the fingerprint card and other copies of the fingerprints [must be:

             (1) Delivered] :


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1352 (Chapter 444, AB 317)ê

 

             (1) Must be delivered to the court for disposition if the child is referred to court.

             (2) [Immediately] May be immediately destroyed or may be retained for future use if the child is not referred to court.

Fingerprints must not be submitted to the Federal Bureau of Investigation or Criminal Identification and Investigation Bureau of California unless the child is found to have committed an act of delinquency that would be a felony if committed by an adult.

      [4.] 3.  If the fingerprints of a child [14 years of age or older] are taken pursuant to subsection 1 or [3,] 2, they may be retained in a local file, including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison by law enforcement officers or by staff of the depository only in the investigation of a crime.

      [5.] 4.  A child in custody [shall not] must be photographed for the purpose of [criminal identification without the consent of the judge unless the case is certified for criminal prosecution.

      6.] identification. The photograph must be kept in the file pertaining to the child, under special security measures limited to inspection by law enforcement officers only in the investigation of a crime.

      5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

      Sec. 12.  NRS 62.355 is hereby amended to read as follows:

      62.355  1.  Except as otherwise provided in [subsection 2,] this section, unless the proceedings are opened to the general public pursuant to subsection 1 of NRS 62.193, the name or race of any child connected with any proceedings under this chapter may not be published in or broadcasted or aired by any news medium without a written order of the court.

      2.  If there:

      (a) Has been a prior adjudication that a child has committed an offense resulting in death or serious bodily injury which would be a felony if committed by an adult; or

      (b) Have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult,

and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.

      3.  The court may release for publication and broadcast the names of and nature of the charges against children who are adjudicated to be serious or chronic offenders.

      Sec. 13.  NRS 62.385 is hereby amended to read as follows:

      62.385  1.  When a child applies for a driver’s license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211 and NRS 62.226.

      2.  After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver’s license may be suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1353 (Chapter 444, AB 317)ê

 

      Sec. 14.  NRS 173.095 is hereby amended to read as follows:

      173.095  1.  The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

      2.  If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the prosecuting attorney may file a notice of habitual criminality with the court. If an indictment is found charging a primary offense upon which a charge of [habitually] :

      (a) Habitually fraudulent felon may be based, the prosecuting attorney shall file a notice of habitually fraudulent felon with the court.

      (b) Habitually violent felon may be based, the prosecuting attorney shall file a notice of habitually violent felon with the court.

      3.  The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.

      Sec. 15.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 20, inclusive, of this act.

      Sec. 16.  As used in sections 16 to 20, inclusive, of this act, “commission” means the advisory commission on sentencing.

      Sec. 17.  1.  The advisory commission on sentencing is hereby created. The commission consists of:

      (a) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;

      (b) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      (c) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      (d) One member who is a representative of a law enforcement agency, appointed by the governor;

      (e) One member who is a representative of the division of parole and probation of the department of motor vehicles and public safety, appointed by the governor;

      (f) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the governor;

      (g) One member who is a county commissioner, appointed by the governing body of the Nevada Association of Counties;

      (h) Two members who are senators, one of whom is appointed by the majority leader of the senate and one of whom is appointed by the minority leader of the senate; and

      (i) Two members who are assemblymen, one of whom is appointed by the speaker of the assembly and one of whom is appointed by the minority leader of the assembly.

If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the governor.

      2.  The governor shall designate one member of the commission to serve as chairman.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1354 (Chapter 444, AB 317)ê

 

      3.  Each member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the commission must be filled in the same manner as the original appointment.

      4.  The legislators who are members of the commission are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the commission.

      5.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 18.  The commission shall:

      1.  Identify and study the elements of this state’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this state and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, mandatory and minimum sentencing, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this state which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1355 (Chapter 444, AB 317)ê

 

      4.  Compile and develop statistical information concerning sentencing in this state.

      5.  For each regular session of the legislature, prepare a comprehensive report including the commission’s recommended changes in the structure of sentencing in this state, the commission’s findings and any recommendations of the commission for proposed legislation. The report must be submitted to the legislature not later than 10 days after the commencement of the session.

      Sec. 19.  1.  The department of prisons shall:

      (a) Provide the commission with any available statistical information or research requested by the commission and assist the commission in the compilation and development of information requested by the commission, including, but not limited to, information or research concerning the facilities and institutions of the department of prisons, the offenders who are or were within those facilities or institutions and the sentences which are being served or were served by those offenders;

      (b) If requested by the commission, make available to the commission the use of the computers and programs which are owned by the department of prisons; and

      (c) Provide the independent contractor retained by the department of administration pursuant to section 20 of this act with any available statistical information requested by the independent contractor for the purpose of performing the projections required by section 20 of this act.

      2.  The division shall:

      (a) Provide the commission with any available statistical information or research requested by the commission and assist the commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the division;

      (b) If requested by the commission, make available to the commission the use of the computers and programs which are owned by the division; and

      (c) Provide the independent contractor retained by the department of administration pursuant to section 20 of this act with any available statistical information requested by the independent contractor for the purpose of performing the projections required by section 20 of this act.

      Sec. 20.  The department of administration shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 284.173, to:

      1.  Review sentences imposed in this state and the practices of the state board of parole commissioners and project annually the number of persons who will be:

      (a) In a facility or institution of the department of prisons;

      (b) On probation;

      (c) On parole; and

      (d) Serving a term of residential confinement,

during the 10 years immediately following the date of the projection; and

      2.  Review preliminary proposals and information provided by the commission and project annually the number of persons who will be:

      (a) In a facility or institution of the department of prisons;

      (b) On probation;


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1356 (Chapter 444, AB 317)ê

 

      (c) On parole; and

      (d) Serving a term of residential confinement,

during the 10 years immediately following the date of the projection, assuming the preliminary proposals were recommended by the commission and enacted by the legislature.

      Sec. 21.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010 , [or] a habitually fraudulent felon pursuant to section 2 of [this act,] Assembly Bill No. 570 of this session or a habitually violent felon pursuant to section 24 of this act, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      2.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      3.  The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than [30] 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within [30] 45 days the district judge may grant probation without the written report.

      4.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 22.  NRS 176.221 is hereby amended to read as follows:

      176.221  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if any, of the chief parole and probation officer. Upon determining that the probationer has violated a condition of his probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning him to the court for violation of his probation.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1357 (Chapter 444, AB 317)ê

 

for any necessary expenses incurred by a governmental entity in returning him to the court for violation of his probation. The court may:

      1.  Continue or revoke the probation or suspension of sentence;

      2.  Order the probationer to a term of residential confinement pursuant to NRS 176.2231;

      3.  Order the probationer to undergo a program of regimental discipline pursuant to NRS 176.2248; [or]

      4.  Cause the sentence imposed to be executed [.] ; or

      5.  Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the chief parole and probation officer recommends that the sentence of a probationer be modified and the modified sentence be executed, he shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided his current address to the division. The notice must inform the victim that he has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of his probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the chief parole and probation officer has complied with the provisions of this subsection. The chief parole and probation officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address.

      Sec. 23.  Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.

      Sec. 24.  1.  A person who:

      (a) Has been convicted in this state of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,

is a habitually violent felon and shall be punished by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually violent felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subsection 1 of NRS 199.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1358 (Chapter 444, AB 317)ê

 

202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Unless the person is prosecuted pursuant to section 2 of [this act,] Assembly Bill No. 570 of this session or section 24 of this act, a person convicted in this state of [any] :

      (a) Any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been [twice] two times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished by imprisonment in the state prison for not less than [10] 5 years nor more than 20 years.

      [2.  Unless the person is prosecuted pursuant to section 2 of this act, a person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony,]

      (b) Any felony involving the use or threatened use of force or violence against the victim, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished by imprisonment in the state prison for life with or without the possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      [3.] 2.  It is within the discretion of the prosecuting attorney whether or not to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.

      Sec. 27.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:

      (a) Established a position of employment in the community;

      (b) Enrolled in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1359 (Chapter 444, AB 317)ê

 

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and provided a current address, the division of parole and probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim.

      3.  The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:

      (a) Is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has ever been convicted of:

             (1) Any crime involving the use or threatened use of force or violence against the victim; or

             (2) A sexual offense;

      (e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;

      (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or

      (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to this section.

      4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1360 (Chapter 444, AB 317)ê

 

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, as assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

      6.  A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 28.  (Deleted by amendment.)

      Sec. 29.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person is convicted of murder of the first degree before, on or after July 1, 1995, the board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

to a sentence that would allow parole.

      2.  If a person is convicted of any crime other than murder of the first degree on or after July 1, 1995, the board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

to a sentence that would allow parole.

      Sec. 30.  NRS 213.005 is hereby amended to read as follows:

      213.005  As used in NRS 213.010 to 213.100, inclusive, and section 29 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of pardons commissioners.

      2.  “Victim” includes:

      (a) A person , including a governmental entity, against whom a crime has been committed;

      (b) A person who has been injured or killed as a direct result of the commission of a crime; or

      (c) [The surviving spouse, parents or children of such a person.] A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a “relative” of a person includes:

             (1) A spouse, parent, grandparent or stepparent;

             (2) A natural born child, stepchild or adopted child;

             (3) A grandchild, brother, sister, half brother or half sister; or

             (4) A parent of a spouse.

      Sec. 31.  (Deleted by amendment.)

      Sec. 32.  NRS 213.142 is hereby amended to read as follows:

      213.142  1.  Upon denying an application for parole, the board shall schedule a rehearing. The date [for] on which the rehearing [shall be at] is to be held is within the discretion of the board, but [in no case shall] , except as otherwise provided in subsection 2, the elapsed time between hearings must not exceed 3 years.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1361 (Chapter 444, AB 317)ê

 

otherwise provided in subsection 2, the elapsed time between hearings must not exceed 3 years.

      2.  If the prisoner applying for parole has more than 10 years remaining on the term of his sentence, not including any credits which may be allowed against his sentence, when the board denies his application, the elapsed time between hearings must not exceed 5 years.

      Sec. 33.  NRS 213.371 is hereby amended to read as follows:

      213.371  As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:

      1.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      2.  “Offender” means a prisoner assigned to the custody of the division pursuant to NRS 209.429 [.] or section 27 of this act.

      3.  “Residential confinement” means the confinement of an offender to his place of residence under the terms and conditions established by the division.

      Sec. 34.  NRS 483.250 is hereby amended to read as follows:

      483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 16 years, except that the department may issue:

      (a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended , [;] but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.

      7.  To any person who is not a resident of this state.

      8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226 which delays his privilege to drive.

      Sec. 35.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  [Unless] Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1362 (Chapter 444, AB 317)ê

 

      (a) For a period of 3 years if the offense is:

             (1) [Violation] A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation with 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

      (a) For 1 year if it is his first such offense during the period of required use of the device.

      (b) For 5 years if it is his second such offense during the period of required use of the device.

      5.  When the department is notified that a court has, pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226, ordered the suspension or delay in issuance of a child’s license, the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 36.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in subsection 2, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

 


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1363 (Chapter 444, AB 317)ê

 

statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  After a driver’s license has been suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) If applicable, to and from school.

      3.  A driver who violates a condition of a restricted license issued under subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

      4.  The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      5.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 37.  NRS 483.495 is hereby amended to read as follows:

      483.495  The department shall by regulation:

      1.  Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211 and subsection 4 of NRS 62.226, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:

      (a) Must provide for a fair evaluation of a person’s ability to operate a motor vehicle; and

      (b) May allow for the waiver of certain tests or requirements as the department deems necessary.

      2.  Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.

      Sec. 38.  NRS 483.580 is hereby amended to read as follows:

      483.580  A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1364 (Chapter 444, AB 317)ê

 

the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 or NRS 62.226.

      Sec. 39.  NRS 646.060 is hereby amended to read as follows:

      646.060  A pawnbroker, and a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.

      2.  Makes a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.

      4.  Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.

      5.  Reports a material matter falsely to the sheriff or to the chief of police.

      6.  Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes property received or allows it to be removed from his place of business, except upon redemption by the owner thereof, within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.

      8.  Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitually fraudulent felon, habitually violent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      9.  Violates any of the provisions of NRS 646.050.

      Sec. 40.  NRS 647.140 is hereby amended to read as follows:

      647.140  A secondhand dealer and a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.

      2.  Makes a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.

      4.  Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.

      5.  Reports a material matter falsely to the sheriff or to the chief of police.

      6.  Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business in violation of the provisions of NRS 647.130.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1365 (Chapter 444, AB 317)ê

 

      8.  Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitually fraudulent felon, habitually violent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      Sec. 41.  Section 1 of Assembly Bill No. 125 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1366 (Chapter 444, AB 317)ê

 

investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from applying for a driver’s license for not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall not report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record or require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of [a] :

             (1) A public organization to work on public projects ;

             (2) A public agency to work on projects to eradicate graffiti; or [a]

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1367 (Chapter 444, AB 317)ê

 

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       3.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       4.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       5.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 42.  Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:

       Section 1.  NRS 176.185 is hereby amended to read as follows:

       176.185  1.  [Whenever] Except as otherwise provided in this section, whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this session or a habitually violent felon pursuant to section 24 of [this act,] Assembly Bill No. 317 of this session, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1368 (Chapter 444, AB 317)ê

 

psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

       2.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

       3.  The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

       4.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 43.  Section 1 of Assembly Bill No. 297 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interest of the child, except as otherwise provided in this section.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1369 (Chapter 444, AB 317)ê

 

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from applying for a driver’s license for not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall not report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record or require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1370 (Chapter 444, AB 317)ê

 

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in [subsection] subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       [3.] 4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       [4.] 5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1371 (Chapter 444, AB 317)ê

 

       [5.] 6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 44.  Sections 17 and 18 of Assembly Bill No. 361 of this session are hereby amended to read as follows:

       Sec. 17.  NRS 62.020 is hereby amended to read as follows:

       62.020  As used in this chapter, unless the context otherwise requires:

       1.  “Adult” means a person 18 years of age or older, a person between the ages of 14 and 18 who has been certified as an adult, a person less than 18 years of age who has been convicted as an adult for murder, attempted murder, or any lesser offense included in either, or a person 16 years of age or older who is not subject to the jurisdiction of the juvenile court, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and who is now charged with or has been convicted as an adult for:

       (a) A sexual assault involving the use or threatened use of force or violence against the victim; or

       (b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.

       2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.

       3.  “Court” means the juvenile division of the district court.

       4.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

       5.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

       6.  “Judge” means the judge of the juvenile division of the district court.

       [5.] 7.  “Juvenile court” or “juvenile division” means:

       (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

       (b) In any other judicial district, the juvenile division of the district court.

       [6.] 8.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:

       (a) A violation of chapter 484 or 706 of NRS that causes the death of a person;

       (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or

       (c) Any traffic offense declared to be a felony.

       Sec. 18  NRS 62.040 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1372 (Chapter 444, AB 317)ê

 

       62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

       (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

       (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada except:

             (1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder.

             (2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:

             (I) A sexual assault involving the use or threatened use of force or violence against the victim; or

             (II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.

       (c) Concerning any child in need of commitment to an institution for the mentally retarded.

       2.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

       (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

       (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

      Sec. 45.  Sections 7, 17 and 18 of Assembly Bill No. 374 of this session are hereby amended to read as follows:

       Sec. 7.  NRS 62.226 is hereby amended to read as follows:

       62.226  1.  Except as otherwise provided in subsection 3, whenever any child is found to have committed the unlawful act of:

       (a) Using, possessing, selling or distributing a controlled substance; [or]

       (b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020 [,] ; or


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1373 (Chapter 444, AB 317)ê

 

       (c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or section 3 of this act,

the judge, or his authorized representative, may, if the child possesses a driver’s license, issue an order suspending the child’s driver’s license for not more than 2 years. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.

       2.  If the child does not possess a driver’s license and the child is or will be eligible to apply for a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver’s license for a period specified by the court but not to exceed 2 years:

       (a) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

       (b) After the date the child will be eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

The court shall, within 5 days after issuing the order, forward to the department a copy of the order.

       3.  If a child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

       4.  The department of motor vehicles and public safety [shall not:

       (a) Treat] :

       (a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.

       (b) [Report] Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record. An insurance company shall not use the information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

       (c) [Require] Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.

       Sec. 17.  NRS 483.250 is hereby amended to read as follows:

       483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

       1.  To any person who is under the age of 16 years, except that the department may issue:

       (a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.


…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 1374 (Chapter 444, AB 317)ê

 

       (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

       (c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

       2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

       3.  To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

       4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

       5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

       6.  To any person when the administrator has good cause to believe that by reason of physical o