Senate Bill No. 264

Senate Bill No. 264-Senators Titus and Wiener

CHAPTER

160

AN ACT relating to crimes; providing an enhanced penalty for the intimidation, assault or battery of a person who operates a vehicle as part of a public mass transportation system; and providing other matters properly relating thereto.

[Approved June 17, 1997]

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

~^
Section 1. NRS 199.300 is hereby amended to read as follows:
199.300 1. A person who directly or indirectly, addresses any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce him, contrary to his duty to do, make, omit or delay any act, decision or determination, shall be punished:
(a) [Where] If physical force or the immediate threat of physical force is used in the course of the intimidation or in the making of the threat [,] :
(1) For a first offense, for a category C felony as provided in NRS 193.130.
(2) For a second or subsequent offense, 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.
(b) [Where] If no physical force or immediate threat of physical force is used in the course of the intimidation or in the making of the threat, for a gross misdemeanor.
2. As used in this section, "public employee" means any person who performs public duties for compensation paid by the state, a county, city, local government or other political subdivision of the state [,] or an agency thereof [.] , including, without limitation, a person who performs a service for compensation pursuant to a contract with the state, county, city, local government or other political subdivision of the state or an agency thereof.
Sec. 2. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) "Assault" means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) "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
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including [any] a person acting pro tempore in a capacity listed in this subparagraph.
(c) "School employee" means [any] a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(d) "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 an assault shall be punished:
(a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, 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, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the assault is committed upon an officer , [or] a school employee or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer , [or a] school employee [,] or transit operator, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then 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, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 3. 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 [any] , without limitation, a person acting pro tempore in a capacity listed in this subparagraph.
(d) "School employee" means [any] 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 , [or a] school employee or transit operator and:
(1) The officer , [or] school employee or transit operator was performing his duty;
(2) The officer , [or] 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 , [or a] 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 , [or a] 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 , [or a] 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, 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.
(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 substantial bodily harm 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.
Sec. 4. 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. 5. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
________