SUMMARY--Authorizes justice of the peace and municipal court judge to suspend sentence of person convicted of crime of domestic violence. (BDR 1-445)
FISCAL NOTE: Effect on Local Government: No.
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 courts; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; 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 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years if the person actively participates in a program of counseling related to the prevention of domestic violence.
3. The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 2 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years if the person actively participates in a program of counseling related to the prevention of domestic violence.
3. The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 3 This act becomes effective at 12:01 a.m. on October 1, 1997.