Assembly Bill No. 342-Assemblymen Berman, de Braga, Williams, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Arberry, Segerblom, Carpenter, Tiffany, Hickey, Manendo, Krenzer, Evans, Hettrick, Ernaut, Chowning, Collins, Mortenson, Braunlin, Lambert and Koivisto
April 9, 1997
____________
Referred to Concurrent Committees on Judiciary
and Ways and Means
SUMMARY--Provides penalty for certain violations of conditions of electronic supervision. (BDR 16-1177)
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 electronic supervision; providing a penalty for certain violations of conditions of electronic supervision; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is being supervised electronically pursuant to NRS 211.250 to 211.300, inclusive, who:
(a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
is guilty of a misdemeanor and shall be punished as provided in NRS 193.150.
2. In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.
3. A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.
Sec. 2 Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is sentenced to a term of residential confinement and is being supervised electronically who:
1. Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
2. Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
shall be punished in the manner set forth in section 1 of this act.
Sec. 3 NRS 4.376 is hereby amended to read as follows:
4.376As used in NRS 4.3762 to 4.3768, inclusive, and section 2 of this act, "residential confinement" means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.
Sec. 4 Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is sentenced to a term of residential confinement and is being supervised electronically who:
1. Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
2. Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
shall be punished in the manner set forth in section 1 of this act.
Sec. 5 NRS 5.0755 is hereby amended to read as follows:
5.0755As used in NRS 5.076, 5.077 and 5.078, and section 1 of this act, "residential confinement" means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.
Sec. 6 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. 7 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.