(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 497-Committee on Judiciary
May 16, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Prohibits person from carrying or possessing dangerous knife while on property of school. (BDR 15-1718)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to crimes; prohibiting certain persons from carrying or possessing a dangerous knife while on the property of the University and Community College System of Nevada or a private or public school; providing a penalty; 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 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a pupil to possess or carry a dangerous knife while on the property of a private or public school or while in a vehicle of a private or public school, unless the pupil has written permission from the principal of the school to carry or possess the knife.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
Sec. 2. NRS 392.466 is hereby amended to read as follows:
392.4661. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school. The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
3. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
4. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
6. As used in this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife , a dangerous knife as defined in section 1 of this act or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July 1, 1995.
Sec. 3. NRS 393.410 is hereby amended to read as follows:
393.410 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
2. Except as otherwise provided in subsection 3, any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
3. Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 shall be guilty of a gross misdemeanor.
4. As used in this section:
(a) "Dangerous knife" means a knife having a blade that is [2] fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
(b) "Dangerous weapon" means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(c) "Explosive or incendiary device" has the meaning ascribed to it in NRS 202.260.
(d) "Nunchaku" has the meaning ascribed to it in NRS 202.350.
(e) "Switchblade knife" has the meaning ascribed to it in NRS 202.350.
(f) "Trefoil" has the meaning ascribed to it in NRS 202.350.
Sec. 4. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a student to possess or carry a dangerous knife while on the property of the University and Community College System of Nevada, unless the student has written permission from the president of a branch or facility of the System.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
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.