SUMMARY--Makes various changes concerning crimes and punishments. (BDR 15-40)
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; removing the requirement that a court grant probation to a person who is convicted of committing a category E felony under certain circumstances; providing a fine that may be imposed for attempting to commit certain crimes; revising the penalties for certain felonies; providing a greater penalty for committing a battery with a deadly weapon which results in substantial bodily harm; clarifying that a trial judge may not dismiss a count of habitual felon or habitually fraudulent felon; providing that a court may impose an adjudication of habitual criminality, habitual felon or habitually fraudulent felon based upon the stipulation of the parties; 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 NRS 193.130 is hereby amended to read as follows:
193.130 1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a maximum term of 4 years. [Upon] Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176.185, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.
Sec. 2 NRS 193.330 is hereby amended to read as follows:
193.330 1. An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is prescribed by statute, shall be punished as follows:
(a) If the person is convicted of:
(1) Attempt to commit a category A felony, 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 20 years.
(2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, 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 10 years.
(3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.
(4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor 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.
(5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor 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.
(6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor 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.
(b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one-half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.
2. Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.
Sec. 3 NRS 200.366 is hereby amended to read as follows:
200.366 1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the [victim's] will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsection 3, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, 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 15 years has been served; or
(3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.
(b) If no substantial bodily harm to the victim results [:
(1) By] , by imprisonment in the state prison [for] :
(1) For life, with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) [By imprisonment in the state prison for] For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) If the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison [for:
(1) Life] :
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(2) For a definite term of [not less than 5 years nor more than 20 years, without the possibility of parole.] 20 years, with eligibility for parole beginning when a minimum of 5 years has been served.
Sec. 4 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;
(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 without limitation, a person acting pro tempore in a capacity listed in this subparagraph.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass transportation system.
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, 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 the battery is committed upon an officer, school employee or transit operator and:
(1) The officer, school employee or transit operator was performing his duty;
(2) The officer, school employee or transit operator suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, school employee or transit operator,
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, school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee or transit operator, 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, and:
(1) No substantial bodily harm to the victim 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, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim 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 15 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] and:
(1) No substantial bodily harm to the victim 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.
(2) Substantial bodily harm to the victim 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 15 years.
Sec. 5 NRS 202.300 is hereby amended to read as follows:
202.300 1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
2. A person who aids or knowingly permits a child to violate subsection 1:
(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony [.] and shall be punished as provided in NRS 193.130.
(c) For a second or 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 years, and may be further punished by a fine of not more than $5,000.
3. A person does not aid or knowingly permit a child to violate subsection 1 if:
(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
(b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
(c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
(d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his official duties.
4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:
(a) A rifle or shotgun that is not a fully automatic firearm , if [,] the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or
(b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:
(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
(c) Participating in a lawfully organized competition or performance involving the use of a firearm;
(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
(g) At his residence.
7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:
(a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and
(b) Is not otherwise prohibited by law from possessing such a firearm.
8. A child shall not handle or have in his possession or under his control a loaded firearm if he is:
(a) An occupant of a motor vehicle;
(b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.
9. [A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of 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. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.
10.] For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
Sec. 6 NRS 202.310 is hereby amended to read as follows:
202.310 [1.] Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony [.
2. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of 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. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] 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.
Sec. 7 NRS 205.100 is hereby amended to read as follows:
205.100 1. Every person who makes, passes, utters or publishes, with an intention to defraud any person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention attempts to pass, utter or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, the person knowing the bill, note, check or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, 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.] as provided in NRS 205.090.
2. Whenever the note, bill, check or other instrument in writing is drawn upon any bank, proof that the purported drawer had no account at the bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.
Sec. 8 NRS 207.010 is hereby amended to read as follows:
207.010 1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this state of:
(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 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 5 years and a maximum term of not more than 20 years.
(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 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:
(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. It is within the discretion of the prosecuting attorney whether 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. 9. NRS 207.012 is hereby amended to read as follows:
207.0121. 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.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
Sec. 10. NRS 207.014 is hereby amended to read as follows:
207.0141. 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 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. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. 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. 11. NRS 207.016 is hereby amended to read as follows:
207.016 1. A conviction [under] pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count [under] pursuant to NRS 207.010, 207.012 or 207.014 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] pursuant to NRS 207.010, 207.012 or 207.014 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] pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty or guilty but mentally ill to, or is found guilty of, 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. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:
(a) [Under] Pursuant to NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;
(b) [Under] Pursuant to NRS 207.012 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or
(c) [Under] Pursuant to NRS 207.014 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, 207.012 or 207.014 limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
5. For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
6. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing an adjudication of habitual criminality, adjudication of habitual felon or adjudication of habitually fraudulent felon based upon a stipulation of the parties.
Sec. 12. NRS 176.035 is hereby amended to read as follows:
176.035 1. Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences run concurrently.
2. Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof.
3. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.
5. This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
Sec. 13. NRS 176.185 is hereby amended to read as follows:
176.185 1. Except as otherwise provided in this section, [whenever] if a person is found guilty in a district court [of a crime] upon verdict or plea [, except in cases of murder] of:
(a) 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] if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court [:
(a) If the person is found guilty of a] shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court 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] The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:
(1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;
(2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or
(3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.
If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this subparagraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court 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 NRS 176.1851 to 176.18525, inclusive.
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 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.
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. 14. NRS 213.1243 is hereby amended to read as follows:
213.1243 1. The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110.
3. A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category B felony [.
4. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of 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. A person who is sentenced to imprisonment pursuant to this subsection becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] 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.
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 453.3363 is hereby amended to read as follows:
453.3363 1. If a person who has not previously been convicted of any offense [under] pursuant to NRS 453.011 to 453.552, inclusive, or [under] pursuant to any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge [under] pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section [under] pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the department of prisons.
3. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
[3.] 4. Except as otherwise provided in subsection [4,] 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
[4.] 5. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 17. NRS 616B.374 is hereby amended to read as follows:
616B.374 1. Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor's permit from the commissioner.
2. To obtain a solicitor's permit, a person must file a written application with the commissioner. The application must include:
(a) The name, type and purposes of the association formed or proposed to be formed or financed;
(b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;
(c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;
(d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;
(e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;
(f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;
(g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;
(h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and
(i) Such additional pertinent information as the commissioner may reasonably require.
3. The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.
4. A person who violates 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 $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.
5. The provisions of this section do not apply to:
(a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or
(b) A person who is employed by:
(1) Current members of an association; or
(2) Employers that are considering membership in an association,
whose primary duties do not include solicitation of potential members of the association.
Sec. 18. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the manager finds that an employer within the provisions of NRS 616B.633:
(a) Has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS; or
(b) Has provided and secured such compensation but has failed to maintain that compensation,
he shall make a determination thereon and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years.
2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager's determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:
(a) For the first offense, guilty of a gross misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 19. NRS 638.1525 is hereby amended to read as follows:
638.1525 1. Except as otherwise provided in NRS 41.500, a person licensed pursuant to the provisions of this chapter shall not provide medical assistance, treatment or counsel to a human being. Such conduct is a ground for disciplinary action.
2. The board shall immediately suspend the license of a person who violates the provisions of this section.
3. Any 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 a definite term of 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. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] as provided in NRS 193.130.
4. The board may report an alleged violation of this section to the attorney general or any district attorney. Upon receiving a report from the board, the attorney general or district attorney shall institute necessary proceedings in a court of competent jurisdiction against the person responsible for the alleged violation of this section.
Sec. 20. Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:
Sec. 104. NRS 616.630 is hereby amended to read as follows:
616.630 1. If the [manager] administrator finds that an employer within the provisions of NRS 616.285:
(a) Has failed to provide and secure compensation as required by the terms of this chapter; or
(b) Has provided and secured such compensation but has failed to maintain that compensation,
he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.
2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.
3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616.635.
[3.] 4. Any employer within the provisions of NRS 616.285 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:
(a) For the first offense, guilty of a gross misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 21. 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. 22. 1. Except as otherwise provided in subsections 2 and 3, the amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
2. The amendatory provisions of sections 9 and 10 of this act apply to offenses that are committed on, before or after October 1, 1997.
3. The amendatory provisions of sections 1 and 13 of this act do not apply to offenses that are committed before July 1, 1998.
Sec. 23. 1. This section and sections 2, 3, 5 to 12, inclusive, and 14 to 22, inclusive, become effective on October 1, 1997.
2. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1997.
3. Sections 1 and 13 of this act become effective on July 1, 1998.