SUMMARY--Includes within crime of involuntary manslaughter violation of certain laws resulting in death of another person. (BDR 15-1125)
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 crime; including within the crime of involuntary manslaughter the violation of certain laws resulting in the death of another person; providing a penalty; 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 193.190 is hereby amended to read as follows:
193.190 [In]
1. Except as otherwise provided in subsection 2, in every crime or public offense there must exist a union, or joint operation of act and intention, or criminal negligence.
2. A conviction of involuntary manslaughter pursuant to paragraph (c) of subsection 1 of NRS 200.070 may be based upon a finding of simple negligence.
Sec. 2 NRS 200.070 is hereby amended to read as follows:
200.070 1. Except [under the circumstances] as otherwise provided in [NRS 484.348 and 484.377,] subsection 2, involuntary manslaughter is the killing of a human being, without any intent to do so [, in] :
(a) In the commission of an unlawful act [, or] ;
(b) In the commission of a lawful act which probably might produce such a consequence if committed in an unlawful manner [, but where] ; or
(c) As a result of violating the provisions of chapter 484 or 706 of NRS, whether or not the violation constitutes criminal negligence or simple negligence.
2. If the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.
Sec. 3 NRS 200.090 is hereby amended to read as follows:
200.090 Unless a greater penalty is otherwise provided in NRS 484.348, 484.3595, 484.377 or 484.3795 or another specific statute:
1. A person convicted of involuntary manslaughter pursuant to paragraph (a) or (b) of subsection 1 of NRS 200.070 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person convicted of involuntary manslaughter pursuant to paragraph (c) of subsection 1 of NRS 200.070 for a violation of chapter 484 or 706 of NRS constituting criminal negligence is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person convicted of involuntary manslaughter pursuant to paragraph (c) of subsection 1 of NRS 200.070 for a violation of chapter 484 or 706 of NRS constituting simple negligence, but not constituting criminal negligence, is guilty of a misdemeanor.
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 October 1, 1997.