SUMMARY--Increases penalties for placing graffiti on or otherwise defacing property. (BDR 15-188)
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 the defacement of property; increasing the fines and hours of community service for placing graffiti on or otherwise defacing the property of another; requiring the suspension of the driver's license of a person who is found guilty of placing graffiti on the property of another; 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 NRS 206.125 is hereby amended to read as follows:
206.125 1. Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces or otherwise damages:
[1.] (a) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;
[2.] (b) Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;
[3.] (c) Any school, educational facility or community center;
[4.] (d) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in [subsection 1, 2 or 3; or
5.] paragraph (a), (b) or (c); or
(e) Any personal property contained in any institution, facility, building, structure or place described in [subsection 1, 2 or 3,] paragraph (a), (b) or (c),
is guilty of a gross misdemeanor [.] , and may be further punished by a fine of not more than $4,000.
2. In addition to any other fine or penalty imposed, the court shall require a person who is found guilty of violating subsection 1:
(a) For the first offense, to perform not less than 50 hours, but not more than 99 hours, of community service.
(b) For the second offense, to perform not less than 100 hours, but not more than 199 hours, of community service.
(c) For the third and subsequent offense, to perform not less than 200 hours of community service.
If possible, the community service assigned pursuant to this subsection must be related to the abatement of graffiti.
Sec. 2 NRS 206.330 is hereby amended to read as follows:
206.330 1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner [is 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.
2. A person who violates subsection 1 shall, in] shall be punished:
(a) Where the value of the loss is $5,000 or more, or where the damage results in impairment of public communication, transportation or police and fire protection, for a category C felony as provided in NRS 193.130 and by a fine of not more than $20,000.
(b) Where the value of the loss is $250 or more but less than $5,000, for a gross misdemeanor, and may be further punished by a fine of not more than $4,000.
(c) Where the value of the loss is $25 or more but less than $250, for a misdemeanor, and may be further punished by a fine of not more than $2,000.
(d) Where the value of the loss is less than $25, for a misdemeanor.
2. In addition to any other fine or penalty imposed [:] , the court shall require a person who is found guilty of violating subsection 1:
(a) For the first offense, to perform not less than [25] 50 hours, but not more than [49] 99 hours, of community service.
(b) For the second offense, to perform not less than [50] 100 hours, but not more than [99] 199 hours, of community service.
(c) For the third and each subsequent offense, to perform not less than [100] 200 hours of community service.
[The] If possible, the community service assigned pursuant to this subsection must [, if possible,] be related to the abatement of graffiti.
3. The parent or legal guardian of a person under the age of 17 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
4. If a person who is 18 years of age or older is found guilty of violating this section, the court [may] shall issue an order suspending the driver's license of the person for a period not to exceed 6 months in addition to any other penalty imposed. [If] When such an order is issued, the court shall require the person to surrender [all driver's licenses then held by the person.] his driver's license to the court. If the person does not possess a driver's license, the court [may] shall issue an order prohibiting the person from applying for a driver's license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety [any licenses together with] the driver's license and a copy of the order.
5. The department of motor vehicles and public safety:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver's license pursuant to this section to an insurance company or its agent inquiring about the person's driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
6. Any criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
Sec. 3 Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4 1. Except as otherwise provided in subsection 3, whenever a child is found to have committed the unlawful act of placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or 206.330, the judge, or his authorized representative, shall, if the child possesses a driver's license, issue an order suspending the driver's license of the child for not more than 2 years. The judge shall require the child to surrender his driver's license to the court.
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, shall 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.
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.
Sec. 5 1. When a court issues an order pursuant to NRS 62.226, 62.228 or section 4 of this act, it shall forward to the department of motor vehicles and public safety a copy of the order and the driver's license of the child who is the subject of the order within 5 days after issuing the order.
2. The department of motor vehicles and public safety:
(a) Shall not treat an unlawful act set forth in NRS 62.226, 62.228 or section 4 of this act in the manner statutorily required for moving traffic violations.
(b) Shall report the suspension of a driver's license pursuant to NRS 62.226, 62.228 or section 4 of this act to an insurance company or its agent inquiring about the driving record of the child, but such a suspension must not be considered for the purpose of rating or underwriting.
(c) Shall not require a child whose driver's license was suspended pursuant to NRS 62.226, 62.227 or section 4 of this act to submit to the tests and other requirements that 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 unless the suspension also resulted from his poor performance as a driver.
Sec. 6 NRS 62.226 is hereby amended to read as follows:
62.226 1. Except as otherwise provided in subsection 3 and NRS 62.227, whenever [any] a 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
(c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or 206.330,] 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 of the child for not more than 2 years. If such an order is issued, the judge shall require the child to surrender his driver's license 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:
(a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.
(b) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record but such a suspension must not be considered for the purpose of rating or underwriting.
(c) 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. 7 NRS 62.228 is hereby amended to read as follows:
62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform 100 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 1 year or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(II) 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.
(b) For the second offense:
(1) Require him to perform at least 100 hours, but not more than 250 hours , of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 2 years or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(II) 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.
2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender his driver's license 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.
3. If, pursuant to this section, 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.
4.] 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 an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
[5. The department of motor vehicles and public safety:
(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(b) 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. 8 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, NRS 62.226, 62.227 and 62.228 [.] and sections 4 and 5 of this act.
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 or revoked pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 4 of this act.
Sec. 9 NRS 458.420 is hereby amended to read as follows:
458.420 The commission shall:
1. Develop and coordinate a state master plan which must include:
(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;
(b) A summary of the current activities of the commission;
(c) The goals and objectives of the commission;
(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.
2. Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the [commission's] efforts of the commission to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.
7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.
8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
9. Disseminate information concerning the provisions of NRS 62.226 and 62.227 and section 5 of this act with the assistance of the department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.
Sec. 10 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, NRS 62.226 or 62.228 or section 4 of this act which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
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 NRS 484.3795 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 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:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 [,] or section 4 of this act, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 12 NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in subsections 2 and 3, 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:
(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 revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 [,] or section 4 of this act, 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. After a driver's license has been suspended pursuant to NRS 483.443, 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;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued pursuant to 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 a 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] pursuant to subsection 2 of NRS 483.560.
5. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
6. 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. 13 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, [subsection 4 of NRS 62.226,] NRS 62.227 and [subsection 5 of NRS 62.228,] section 5 of this act, 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] the ability of a person 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. 14 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 is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 4 of this act.
Sec. 15 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of local government that are related to the provisions of this act.