Senate Bill No. 31

Senate Bill No. 31-Senators Augustine and James

CHAPTER

307

AN ACT relating to crimes; increasing the penalty for petit larceny in certain circumstances; and providing other matters properly relating thereto.

[Approved July 5, 1997]

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

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Section 1. NRS 205.240 is hereby amended to read as follows:
205.240 1. Except as otherwise provided in NRS 205.220 and 475.105 and sections 8 and 9 of Senate Bill No. 118 of this [act,] session, a person commits petit larceny if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than $250, owned by another person;
(2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2. A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4 [,] or 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny one other time, the court, in addition to any other penalty, shall order the person to perform not less than 48 hours of community service.
4. Except as otherwise provided in subsection 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
[4.] 5. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
[5.] 6. The provisions of subsections 3 , [and] 4 and 5 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.
Sec. 2. 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. 3. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 4. This act becomes effective at 12:01 a.m. on October 1, 1997.
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