Assembly Bill No. 11–Committee on Judiciary

 

(On Behalf of Legislative Committee to
Study Categories of Misdemeanors
(ACR 2 of the 17th Special Session))

 

Prefiled January 27, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides increased penalty for certain repeat offenses involving vandalism. (BDR 15‑191)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to vandalism; providing an increased penalty for certain repeat offenses involving vandalism; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 206.330 is hereby amended to read as follows:

1-2  206.330  1.  [Unless a greater criminal penalty is provided by

1-3  a specific statute, a person who places] A person shall not

1-4  vandalize, place graffiti on , deface or otherwise [defaces] damage

1-5  the public or private property, real or personal, of another, without

1-6  the permission of the owner . [is guilty of a public offense, as

1-7  prescribed in NRS 193.155, proportionate to the value of the

1-8  property damaged or destroyed and in no event less than a

1-9  misdemeanor.]

1-10      2.  Unless a greater criminal penalty is provided by a specific

1-11  statute, a person who violates subsection 1:

1-12      (a) For the first offense:

1-13          (1) Unless the provisions of subsection 3 apply, where the

1-14  value of the loss is less than $250, is guilty of a misdemeanor.

2-1       (2) Where the value of the loss is $250 or more but less

2-2  than $5,000, is guilty of a gross misdemeanor.

2-3       (3) Where the value of the loss is $5,000 or more or where

2-4  the damage results in the impairment of public communication,

2-5  transportation or police and fire protection, is guilty of a category

2-6  C felony and shall be punished as provided in NRS 193.130.

2-7  (b) For the second and each subsequent offense:

2-8       (1) Where the value of the loss is less than $5,000, is guilty

2-9  of a category E felony and shall be punished as provided in

2-10  NRS 193.130.

2-11          (2) Where the value of the loss is $5,000 or more or where

2-12  the damage results in the impairment of public communication,

2-13  transportation or police and fire protection, is guilty of a category

2-14  C felony and shall be punished as provided in NRS 193.130.

2-15      3.  Unless a greater penalty is provided in subsection 2, a

2-16  person who commits a violation of subsection 1 involving

2-17  protected property is guilty of a gross misdemeanor.

2-18      4. A person who violates subsection 1 shall, in addition to any

2-19  other fine or penalty imposed:

2-20      (a) For the first offense, perform not less than 50 hours, but not

2-21  more than 99 hours, of community service.

2-22      (b) For the second offense, perform not less than 100 hours, but

2-23  not more than 199 hours, of community service.

2-24      (c) For the third and each subsequent offense, perform not less

2-25  than 200 hours of community service.

2-26  The community service assigned pursuant to this subsection must, if

2-27  possible, be related to the abatement of graffiti.

2-28      [3.] 5. The parent or legal guardian of a person under the age of

2-29  17 years who violates this section is liable for all fines and penalties

2-30  imposed against the person. If the parent or legal guardian is unable

2-31  to pay the fine and penalties resulting from a violation of this

2-32  section because of financial hardship, the court may require the

2-33  parent or legal guardian to perform community service.

2-34      [4.] 6. If a person who is 18 years of age or older is found

2-35  guilty of violating this section, the court may issue an order

2-36  suspending the driver’s license of the person for a period not to

2-37  exceed 6 months in addition to any other penalty imposed. If such

2-38  an order is issued, the court shall require the person to surrender all

2-39  driver’s licenses then held by the person. If the person does not

2-40  possess a driver’s license, the court may issue an order prohibiting

2-41  the person from applying for a driver’s license within the 6 months

2-42  immediately following the date of the order. The court shall, within

2-43  5 days after issuing the order, forward to the Department of Motor

2-44  Vehicles any licenses together with a copy of the order.

2-45      [5.] 7. The Department of Motor Vehicles:

3-1  (a) Shall not treat a violation of this section in the manner

3-2  statutorily required for a moving traffic violation.

3-3  (b) Shall report the suspension of a driver’s license pursuant to

3-4  this section to an insurance company or its agent inquiring about the

3-5  person’s driving record. An insurance company shall not use any

3-6  information obtained pursuant to this paragraph for purposes related

3-7  to establishing premium rates or determining whether to underwrite

3-8  the insurance.

3-9  [6.] 8. A criminal penalty imposed pursuant to this section is in

3-10  addition to any civil penalty or other remedy available pursuant to

3-11  another statute for the same conduct.

3-12      9.  As used in this section, “protected property” includes:

3-13      (a) Any church, synagogue, or other building, structure or

3-14  place used for religious worship or other religious purpose;

3-15      (b) Any cemetery, mortuary or other facility used for the

3-16  purpose of burial or memorializing the dead;

3-17      (c) Any school, educational facility or community center;

3-18      (d) The grounds adjacent to, and owned or rented by, any

3-19  institution, facility, building, structure or place described in

3-20  paragraph (a), (b) or (c); or

3-21      (e) Any personal property contained in any institution, facility,

3-22  building, structure or place described in paragraph (a), (b) or (c).

3-23      Sec. 2.  NRS 206.340 is hereby amended to read as follows:

3-24      206.340  1.  The Graffiti Reward Fund is hereby created in the

3-25  State General Fund.

3-26      2.  When a defendant pleads or is found guilty of violating NRS

3-27  [206.125 or] 206.330, the court shall include an administrative

3-28  assessment of $250 for each violation in addition to any other fine

3-29  or penalty. The money collected must be paid by the clerk of the

3-30  court to the State Controller on or before the fifth day of each month

3-31  for the preceding month for credit to the Graffiti Reward Fund.

3-32      3.  All money received pursuant to subsection 2 must be

3-33  deposited with the State Controller for credit to the Graffiti Reward

3-34  Fund. The money in the Fund must be used to pay a reward to a

3-35  person who, in response to the offer of a reward, provides

3-36  information which results in the identification, apprehension and

3-37  conviction of a person who violates NRS [206.125 or] 206.330.

3-38      4.  If sufficient money is available in the Graffiti Reward Fund,

3-39  a state law enforcement agency may offer a reward, not to exceed

3-40  $1,000, for information leading to the identification, apprehension

3-41  and conviction of a person who violates NRS [206.125 or] 206.330.

3-42  The reward must be paid out of the Graffiti Reward Fund upon

3-43  approval by the State Board of Examiners.

 

 

4-1  Sec. 3.  NRS 62.226 is hereby amended to read as follows:

4-2  62.226  1.  Except as otherwise provided in subsection 3,

4-3  whenever a child is found to have committed the unlawful act of

4-4  vandalizing, placing graffiti on , defacing or otherwise [defacing]

4-5  damaging the public or private property, real or personal, of

4-6  another, in violation of NRS [206.125 or] 206.330, the judge, or his

4-7  authorized representative, may, if the child possesses a driver’s

4-8  license, issue an order suspending the driver’s license of the child

4-9  for at least 90 days but not more than 2 years. If such an order is

4-10  issued, the judge shall require the child to surrender his driver’s

4-11  license to the court.

4-12      2.  If the child does not possess a driver’s license and the child

4-13  is or will be eligible to receive a driver’s license within the 2 years

4-14  immediately following the date of the order, the judge, or his

4-15  authorized representative, may issue an order prohibiting the child

4-16  from applying for a driver’s license for a period specified by the

4-17  court which must be at least 90 days but not more than 2 years:

4-18      (a) Immediately following the date of the order, if the child is

4-19  eligible to receive a driver’s license.

4-20      (b) After the date the child will be eligible to receive a driver’s

4-21  license, if the child is not eligible to receive a license on the date of

4-22  the order.

4-23      3.  If a child is already the subject of a court order suspending

4-24  or delaying the issuance of his driver’s license, the court shall order

4-25  the additional suspension or delay, as appropriate, to apply

4-26  consecutively with the previous order.

4-27      Sec. 4.  NRS 381.225 is hereby amended to read as follows:

4-28      381.225  1.  [It is unlawful for any person to commit

4-29  vandalism upon] A person shall not vandalize, place graffiti on,

4-30  deface or otherwise damage any historic or prehistoric sites, natural

4-31  monuments, speleological sites and objects of antiquity . [, or to

4-32  write or paint or carve initials or words, or in any other way deface,

4-33  any of those objects, Indian paintings or historic buildings.]

4-34      2.  Unless a greater penalty is provided in NRS [206.125,]

4-35  206.330, a person violating the provisions of subsection 1 is guilty

4-36  of a public offense proportionate to the value of the property

4-37  damaged or destroyed as set forth in NRS 193.155.

4-38      3.  As used in this section, “graffiti” means any unauthorized

4-39  inscription, word, figure or design that is marked, etched,

4-40  scratched, drawn or painted on or affixed to the public or private

4-41  property, real or personal, of another, which defaces the property.

4-42      Sec. 5.  NRS 393.410 is hereby amended to read as follows:

4-43      393.410  1.  It is unlawful for any person:

4-44      (a) Willfully and maliciously to injure, mark or deface any

4-45  public schoolhouse, its fixtures, books or appurtenances;

5-1  (b) To commit any nuisance in any public schoolhouse;

5-2  (c) To loiter on or near the school grounds; or

5-3  (d) Purposely and maliciously to commit any trespass upon the

5-4  grounds attached to a public schoolhouse, or any fixtures placed

5-5  thereon, or any enclosure or sidewalk about the same.

5-6  2.  [Except] Unless a greater penalty is provided in NRS

5-7  206.330 and except as otherwise provided in subsection 3, any

5-8  person violating any of the provisions of this section is guilty of a

5-9  public offense, as prescribed in NRS 193.155, proportionate to the

5-10  value of the property damaged or destroyed and in no event less

5-11  than a misdemeanor.

5-12      3.  Any person who is in possession of a dangerous weapon

5-13  during his commission of a violation of paragraph (b), (c) or (d) of

5-14  subsection 1 is guilty of a gross misdemeanor.

5-15      4.  As used in this section:

5-16      (a) “Dangerous knife” means a knife having a blade that is 2

5-17  inches or more in length when measured from the tip of the knife

5-18  which is customarily sharpened to the unsharpened extension of the

5-19  blade which forms the hinge connecting the blade to the handle.

5-20      (b) “Dangerous weapon” means:

5-21          (1) An explosive or incendiary device;

5-22          (2) A dirk, dagger, switchblade knife or dangerous knife;

5-23          (3) A nunchaku or trefoil;

5-24          (4) A blackjack or billy club or metal knuckles; or

5-25          (5) A pistol, revolver or other firearm.

5-26      (c) “Explosive or incendiary device” has the meaning ascribed

5-27  to it in NRS 202.253.

5-28      (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

5-29      (e) “Switchblade knife” has the meaning ascribed to it in

5-30  NRS 202.350.

5-31      (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.

5-32      Sec. 6.  NRS 394.180 is hereby amended to read as follows:

5-33      394.180  1.  It is unlawful for any person:

5-34      (a) Willfully and maliciously to injure, mark or deface any

5-35  private schoolhouse, its fixtures, books or appurtenances;

5-36      (b) To commit any nuisance in any private schoolhouse;

5-37      (c) To loiter on or near the school grounds;

5-38      (d) Purposely and maliciously to commit any trespass upon the

5-39  grounds attached to a private schoolhouse, or any fixtures placed

5-40  thereon, or any enclosure or sidewalk about the same; or

5-41      (e) In any manner maliciously and purposely to interfere with or

5-42  disturb any persons peaceably assembled within a private

5-43  schoolhouse for school purposes.

5-44      2.  Unless a greater penalty is provided [by NRS 206.125,] in

5-45  NRS 206.330, any person violating any of the provisions of

6-1  subsection 1 is guilty of a public offense, as prescribed in NRS

6-2  193.155, proportionate to the value of the property damaged or

6-3  destroyed and in no event less than a misdemeanor.

6-4  Sec. 7.  NRS 452.305 is hereby amended to read as follows:

6-5  452.305  1.  Unless a greater penalty is provided [by NRS

6-6  206.125,] in NRS 206.330, a person who:

6-7  (a) Willfully destroys, mutilates, defaces, injures or removes any

6-8  tomb, monument, gravestone, building or other structure placed in

6-9  any cemetery of any nonprofit corporation governed by the

6-10  provisions of chapter 82 of NRS formed for the purpose of

6-11  procuring and holding lands to be used exclusively for a cemetery or

6-12  place of burial of the dead;

6-13      (b) Willfully destroys, mutilates, defaces, injures or removes

6-14  any fence, railing or other work for the protection or ornament of

6-15  any cemetery of any such nonprofit corporation, or any tomb,

6-16  monument, gravestone, or any structure, plat or lot within the

6-17  cemetery; or

6-18      (c) Willfully destroys, cuts, breaks or injures any tree, shrub or

6-19  plant within the limits of any cemetery of such nonprofit

6-20  corporation,

6-21  is guilty of a misdemeanor.

6-22      2.  An offender is also liable in an action of trespass to be

6-23  brought in all cases in the name of the nonprofit corporation, to pay

6-24  all damages which are occasioned by his unlawful act or acts. Any

6-25  money recovered must be applied by the trustees to the reparation or

6-26  restoration of the property which was destroyed or injured.

6-27      Sec. 8.  NRS 206.125 is hereby repealed.

6-28      Sec. 9.  The amendatory provisions of this act apply to offenses

6-29  committed before October 1, 2003, for the purpose of determining

6-30  whether a person is subject to the provisions of paragraph (b) of

6-31  subsection 2 of NRS 206.330, as amended by section 1 of this act.

 

6-32  TEXT OF REPEALED SECTION

 

6-33      206.125  Damage of property used for religious or

6-34   educational purposes, for burial or memorializing dead or as

6-35   community center; damage of property contained therein.

6-36   Unless a greater penalty is provided by law, a person who

6-37   knowingly vandalizes, places graffiti on, defaces or otherwise

6-38   damages:

6-39      1.  Any church, synagogue or other building, structure or place

6-40   used for religious worship or other religious purpose;

7-1  2.  Any cemetery, mortuary or other facility used for the

7-2  purpose of burial or memorializing the dead;

7-3  3.  Any school, educational facility or community center;

7-4  4.  The grounds adjacent to, and owned or rented by, any

7-5   institution, facility, building, structure or place described in

7-6   subsection 1, 2 or 3; or

7-7  5.  Any personal property contained in any institution, facility,

7-8   building, structure or place described in subsection 1, 2 or 3,

7-9  is guilty of a gross misdemeanor.

 

7-10  H