Assembly Bill No. 167

Assembly Bill No. 167-Assemblymen Anderson, Bache, Collins, Parks, Ernaut, Carpenter, Perkins, Herrera, Berman, Manendo, Nolan, Koivisto, Segerblom, Ohrenschall and Sandoval

February 13, 1997
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Referred to Committee on Judiciary

SUMMARY--Provides categories of willful or malicious acts. (BDR 15-275)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to crimes; providing for certain categories of willful or malicious mischief; providing for the revocation of the driver's license and the forfeiture of the vehicle of a person who commits malicious mischief under certain circumstances; making the parent or legal guardian of a minor who commits malicious mischief civilly liable and subject to the revocation of his driver's license; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 206 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Unless a greater penalty is provided by law, a person who willfully or maliciously:
(a) Damages or obstructs a public or private road, bridge, or other public or private improvement upon such a road or bridge by:
(1) Installing a gate or other barrier;
(2) Digging a trench;
(3) Placing a nail or other object that is dangerous to a person or an animal that is traveling on the road; or
(4) Any other means,
unless it is a private road upon which the person possesses the exclusive right to travel or he acts with the consent of each holder of that right;
(b) Destroys or damages a public campground, restroom or other building open to the public on public or private property, unless he is the exclusive owner of the private property or he acts with the consent of each owner of the property; or
(c) Dumps garbage or other refuse on public or private property or property in which a private person has a possessory interest, unless he is the exclusive owner of the private property or possessory interest or he acts with the consent of each owner of the property or interest,
is guilty of a public offense proportionate to the value of the property affected or the loss resulting from the offense, but in no case may the fine imposed for a first offense be less than $2,500.
2. In determining guilt and imposing punishment pursuant to the provisions of subsection 1, there is a rebuttable presumption that the registered owner of a vehicle observed at or near the scene of an offense was the driver or an occupant of that vehicle.
Sec. 3. 1. If a fine imposed pursuant to NRS 206.150 or section 2 of this act for a first offense is not paid within 30 days after it is imposed, or if a judgment of conviction is entered for a second or subsequent offense, the court shall notify the department of motor vehicles and public safety.
2. If a person convicted of a violation of NRS 206.150 or section 2 of this act does not possess a driver's license but was operating a motor vehicle at the time of the offense, the motor vehicle is subject to forfeiture pursuant to the provisions of NRS 179.1156 to 179.119, inclusive, regardless of whether the vehicle was required to be licensed to operate upon a public highway.
3. If a person who is less than 18 years of age is convicted of a violation of NRS 206.150 or section 2 of this act, his parent, custodial parent or legal guardian is civilly liable for the payment of the fine imposed. If the fine is not paid or if the child previously has been convicted of a violation of NRS 206.150 or section 2 of this act, the court may revoke the driver's license of the parent, custodial parent or legal guardian.
Sec. 4. NRS 206.150 is hereby amended to read as follows:
206.150 1. Except as otherwise provided in subsection 2, [any] a person who willfully and maliciously kills, maims or disfigures [any] an animal belonging to another, including, without limitation, fish or fowl, or exposes [any] a poison or noxious substance with intent that it should be taken by the animal is guilty of a public offense proportionate to the value of the loss resulting therefrom , but in no event less than a gross misdemeanor.
2. The provisions of subsection 1 do not apply to [any] a person who kills a dog pursuant to NRS 575.020.
Sec. 5. NRS 41.470 is hereby amended to read as follows:
41.470 1. [Any] An act of willful misconduct [of] by a minor [which] that results in any injury or death to another person or injury to the private property of another or to public property is imputed to the [parents] parent or guardian having custody and control of the minor for all purposes of civil damages, and the [parents] parent or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section [shall] must not exceed $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any other liability [now] imposed by law.
Sec. 6. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
If a child is charged with a violation of section 2 of this act, the juvenile division of the district court, after full investigation, shall certify the child for proper proceedings to any court that would have jurisdiction to try the violation if it had been committed by an adult.
Sec. 7. NRS 174.061 is hereby amended to read as follows:
174.061 1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence, the agreement:
(a) Is void if the defendant's testimony is false.
(b) Must be in writing and include a statement that the agreement is void if the defendant's testimony is false.
2. A prosecuting attorney shall not enter into an agreement with a defendant which:
(a) Limits the testimony of the defendant to a predetermined formula.
(b) Is contingent on the testimony of the defendant contributing to a specified conclusion.
(c) Reduces the punishment or substitutes another offense for conduct properly chargeable pursuant to the provisions of NRS 206.150 or section 2 of this act.
Sec. 8. NRS 179.1164 is hereby amended to read as follows:
179.1164 1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:
(a) [Any proceeds] Proceeds attributable to the commission or attempted commission of [any] a felony.
(b) [Any property] Property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857 [.] or section 3 of this act.
2. Property [may] must not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or
(b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,
the owner of real property or a mobile home that is used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.
Sec. 9. NRS 179.1175 is hereby amended to read as follows:
179.1175 1. After property has been seized , the agency which seized the property may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency for the storage of that type of property; or
(c) Remove the property to an appropriate place for disposition in a manner authorized by the court.
2. When a court declares property to be forfeited, the plaintiff may:
(a) Retain it for official use [;] , unless it was forfeited for a violation of section 2 of this act;
(b) Sell any part of it [which] that is neither required by law to be destroyed nor harmful to the public; or
(c) Remove it for disposition in accordance with the applicable provisions of NRS.
Sec. 10. NRS 179.118 is hereby amended to read as follows:
179.118 1. The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including , without limitation, the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of [suit.] the lawsuit.
2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body [which] that controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.
(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph [(i)] (e) of subsection 1 of NRS 62.211.
(f) If the property was a motor vehicle forfeited pursuant to section 3 of this act, one-half in the state treasury to support the collection of information concerning alleged violations of NRS 206.150 and section 2 of this act and one-half in the county treasury of the county in which the violation occurred.
Sec. 11. NRS 483.460 is hereby amended to read as follows:
483.460 1. 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:
(a) For a period of 3 years if the offense is:
(1) 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 within 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 , without limitation, 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] pursuant to NRS 483.010 to 483.630, inclusive, or [under] pursuant to 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 driver's license, permit or privilege of a [driver] person who is 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] one-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. The department shall revoke the driver's license, permit or privilege of a person who is convicted of violating NRS 206.150 or section 2 of this act, or of the parent, custodial parent or legal guardian of the person if he was less than 18 years of age at the time of the offense, as determined by the court pursuant to section 3 of this act:
(a) For a first offense, until the fine is paid.
(b) For a second or subsequent offense:
(1) For 1 year, if the fine is paid within 1 year; or
(2) Until the fine is paid.
6. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, ordered the suspension or delay in the issuance of [a child's license;] the driver's license of a person who is less than 18 years of age;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in the issuance of a person's driver's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of [a child's license,] the driver's license of a person who is less than 18 years of age,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 12. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 13. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.