SUMMARY--Increases penalty for petit larceny in certain circumstances. (BDR 15-946)
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 crimes; increasing the penalty for petit larceny in 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:
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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, a person [who:
1.] is guilty of petit larceny if the person:
(a) Steals, takes and carries, leads or drives away the personal goods or property of another, [under the] with a value of less than $250; or
[2.] (b) Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry [having] with an aggregate value [under] of less than $250, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225 . [,
commits petit larceny and is guilty of a misdemeanor.]
2. A person who is guilty of 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, 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. 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. The provisions of subsections 3 and 4 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.