Senate Bill No. 237

Senate Bill No. 237-Senators Wiener, James, Adler, Coffin, McGinness, Porter, Schneider, Titus and Washington

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AN ACT relating to crimes; providing an additional penalty for crimes committed with the assistance of a minor; and providing other matters properly relating thereto.

[Approved June 5, 1997]

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

Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 193.169 and 454.306, an adult who, with the assistance of a child:
(a) Commits a crime that is punishable as a category A or a category B felony shall be punished by imprisonment in the state prison for an additional term equal to the term of imprisonment prescribed by statute for the crime.
(b) Commits any felony other than a category A or a category B felony shall be punished by imprisonment in the state prison for an additional term not less than 25 percent and not more than 100 percent of the term of imprisonment prescribed by statute for the crime.
An additional sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. As used in this section:
(a) "Adult" means a person who is 18 years of age or older.
(b) "Child" means a person who is less than 18 years of age.
Sec. 2. NRS 193.169 is hereby amended to read as follows:
193.1691. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of NRS 193.161, 193.163, 193.165, 193.167, 193.1675, 193.168 [, 453.3343] or 453.3345 , or section 1 of this act, must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person's conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1.
(b) Prohibit alleging in the alternative in the indictment or information that the person's conduct satisfies the requirements of more than one of the sections listed in subsection 1 and introducing evidence to prove the alternative allegations.
Sec. 3. NRS 453.3343 is hereby repealed.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
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